Excerpt: ...ntered on June 22, 2022 on the basis that the Judgment is incorrect based on this Court's procedurally improper consideration of Specialty Baking, Inc.'s JNOV Motion while trial was still (then) pending on a number of cross-claims. The Court notes that Kohanbash did not argue that Specialty Baking's JNOV Motion was premature in Opposition to the JNOV Motion or at the hearing on the JNOV Motion. This argument is being raised for the first time in ...

Excerpt: ...n for New Trial is CONTINUED to Tuesday, August 23, 2022 at 1:30 p.m. in Dept. SE-D. Moving Party to give Notice. Motion to Vacate Judgment Kohanbash moves to vacate the Judgment entered on June 22, 2022 on the basis that the Judgment is incorrect based on this Court's procedurally improper consideration of Specialty Baking, Inc.'s JNOV Motion while trial was still (then) pending on a number of cross-claims. “A judgment or decree, when based up...

Excerpt: ...ained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of residents or the public is sub...

Excerpt: ...operty dispute between two adjoining land owners. Defendant / Cross-Complainant Rosalba Avalos owns real property located at 7523 Muller Street, Downey California. Plaintiff / Cross-Defendant Ruben Dominguez owns the adjoining property located at 7531 Muller Street, Downey California. The property in dispute is strip of land that is approximately 3 feet wide by 120 feet long that is located within Avalos's property boundary line, and which border...

Excerpt: ...TIARY RULINGS Alcala's Objection Nos. 5-8 are overruled. PLEADING Plaintiff Armando Alcala alleges that on June 21, 2018, Plaintiff was hired to clean solar panels on the roof of a warehouse. While performing the work, Plaintiff fell down through one of the skylights, which was a dangerous condition for lack of guiderails, warnings, or other mandatory safety precautions. Based thereon, Plaintiff asserts causes of action for: 1. Premises Liability...

Excerpt: ...of of service, the Court will nevertheless consider the Opposition. Given the arguments raised in Reply, there is ultimately no prejudice to Defendant caused by the late-served/never-served Opposition. “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny ...

Excerpt: ... coverage action was filed by Plaintiffs KITCHEN GALLERY and VILLA MADRID, LLC (“Plaintiffs”) on December 10, 2020. On April 13, 2021, the operative First Amended Complaint (“FAC”) was filed. Plaintiffs are judgment creditors seeking recovery against the insurers of the judgment debtor for acts by the insureds under Ins. Code §11580. In June of 2018, the building owner, VILLA MADRID (“VM”), and the general contractor for the construc...

Excerpt: ...ice, the Court will nevertheless consider the Opposition. Given the arguments raised in Reply, there is ultimately no prejudice to Defendant caused by the late-served/never-served Opposition. “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion...

Excerpt: ...$137,770 pursuant to the Subject Lease Agreement (“Lease”) under Cal. Civ. Code §1717. Absent a statutory or contractual right to an award of fees in favor of a litigant, California follows the “American Rule,” under which each party to a lawsuit ordinarily must pay his or her own attorney fees. (CCP §1021; Musaelian v. Adams (2009) 45 Cal.4th 512, 516.) In order to prevail on a motion for attorney's fees, the moving party must establis...

Excerpt: ...arta Carnesi (“Plaintiff”) filed her First Amended Complaint (“FAC”) on June 22, 2021, alleging a single cause of action under the Private Attorney General Act (“PAGA”) against Plaintiff's former employer, Defendant L'Abri Management, Inc. (“Defendant”). Defendant files this Motion to Strike Portions of Plaintiff's FAC, specifically, assertions of entitlement to interest and attorney fees and costs under Labor Code section 218.5. ...

Excerpt: ..., Inc. and Artashes Yepremyan (“Tenant Defendants”) entered into a lease agreement, whereby the Tenant Defendants agreed to lease the premises at 14200 Telegraph Road, Whittier, CA 90604 (“subject property”) with the intent to operate a gas station on the premises. The lease was for an initial term of 10 years with two additional five-year option terms. Plaintiff Anabi Oil Corporation (“Plaintiff”) entered into an agreement with iFuel...

Excerpt: ...ligence, Breach of Fiduciary Duty, Breach of Contract, and Breach of Implied Covenant of Good Faith and Fair Dealing. On November 18, 2020, the Court granted Plaintiff's request for preliminary injunction enjoining Defendant Lakewood Village Townhomes H.O.A (“Defendant”) from foreclosing on Plaintiff's property. On November 2, 2021, the Court, on Defendant's demurrer and motion to strike, struck the cause of action for Wrongful Foreclosure an...

Excerpt: ...oppel, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) general negligence, (6) unfair business practices, (7) products liability against Defendants Yat Imports, Inc. (“Yat”) and Lion Tools, LLC (“Lion”). The Complaint alleges in relevant part as follows. Plaintiff received a large purchase order from a customer (“Customer”) for N95 masks (“Order”). (Compl., ¶ 7.) To fulfill the Order, Plaintiff purchased t...

Excerpt: ...of Whittier's motion to compel further responses to special interrogatories, set three is GRANTED. Plaintiff is ordered to serve further responses within 15 days. Reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $1,000.00 payable within 30 days. III. City of Whittier's motion to compel further responses to request for production of documents, set three is GRANTED. Plaintiff is ordered to serve furt...

Excerpt: ...��Moving Defendants”) now move for a 90 day continuance of the trial date. Trial is currently set for December 22, 2021. There is a Motion to be Relieved as Counsel as to Defendant Christopher Tindall and a Motion to be Relieved as Counsel as to Defendant Frances Rodriguez set for hearing on January 5, 2022 There is a Motion for Attorney Fees scheduled for January 13, 2022. Moving Defendants argue that a 90 day trial continuance is warranted fo...

Excerpt: ...RANTED. (Cal. Ev. Code §452.) Defendant/Cross-Complainant SPECIALTY BAKING's Request for Judicial Notice is DENIED as to Exhibit 5, but otherwise GRANTED. (Cal. Ev. Code §452.) On December 30, 2016, Plaintiff/Cross-Defendant FARZAD KOHANBASH (“Kohanbash”) filed the operative First Amended Complaint (“FAC”), which asserts the following causes of action: (1) Quiet Title/Declaratory Relief; (2) Breach of Contract; (3) Fraud; and (4) Neglig...

Excerpt: ...o date, no rulings have been issued with respect to: (1) Defendant FARZAD KOHANBASH and WHOLESOME MELROSE BAKERY's (collectively “Defendants”) Motion for Attorney's Fees filed on May 19, 2017; and (2) Defendants' Motion for Attorney's Fees on Appeal with respect to attorney's fees incurred in the “Second Appeal” filed on September 3, 2021. As to Defendants' Motion for Attorney's Fees filed on May 19, 2017—the Court will confer with the ...

Excerpt: ...esponse to the demand if the demanding party deems that any of the following apply: (1) A state of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP §2031.310(a).) A motion to compel further responses to a request for production “shall set forth specific facts showing good cause justifying the dis...

Excerpt: ...nterest to the Estate of ELVIA MILLAN (“Decedent”) (collectively “Plaintiffs”) on September 6, 2019. On May 13, 2021, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “Defendant PIH failed to implement a reasonable care plan to prevent and heal [Decedent's] pressure ulcers and failed to provide adequate nutrition so she could fight off infection. For example, Defendants failed to monitor t...

Excerpt: ... LLC (“ABC”) (collectively “Plaintiffs”) on February 26, 2019. The relevant facts, as alleged, are as follows: “Plaintiff ROMAN is the owner of American Beauty College (‘ABC') …. ABC operates two campuses, one at 652 South Sunset, West Covina, California and another in Palmdale, California. The West Covina location operates in a building owned by ABC, which was formed as a holding company for the real estate. The Palmdale location w...

Excerpt: ...d Cross-Complaint is GRANTED with 20 days leave to amend. Opposing Party to give Notice. This breach of contract action was filed on March 13, 2020. On February 17, 2021, the subject First Amended Cross-Complaint (“FAXC”) was filed by Defendant/Cross-Complainant LEGENDZ BOXING (“Legendz”) against Plaintiff/Cross-Defendant URBAN SOCCER 5 CENTER, LLC (“US5C” and Cross- Defendant YACINE BOUHARKAT (“Bouharkat”) (collectively “Cross-...

Excerpt: ...orney's fees. Both Counsels represented that they were prepared, and oral argument commenced. The matter was taken under submission, and this Court issued its Order After Remittitur on August 31, 2021. However, since the Remittitur was not issued until after the hearing occurred (on August 5, 2021), this Court's August 31, 2021 Order After Remittitur is VACATED. The Court will hear oral argument on Defendants' Motion for Attorney Fees on Appeal. ...

Excerpt: ...sts, Inc. (“WCA”)'s employees pursuant to CCP §§ 2025.010 and 2025.450. “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any docum...

Excerpt: ...the dissolution action to negotiate a potential buy-out. On May 28, 2021, this Court confirmed the appraisers' valuation of $27,143,000.00. Completion of the buy-out was to be made no later than August 30, 2021. On August 25, 2021, Plaintiffs Gustafson, et al. filed an ex parte application to modify the Alternative Decree dated May 28, 2021 to add Plaintiffs' "assignees" to the Order. For estate and tax planning purposes, on November 8, 2019, Cra...

Excerpt: ...ides no statutory basis to support his Objection. Consequently, the Court declines Plaintiff's invitation to recuse itself. This action for medical malpractice was filed by Plaintiff on September 14, 2018. Defendants SOUTHERN CALIFORNIA INFECTIOUS DISEASE MEDICAL GROUP and PATTI MORRIS (collectively “Defendants”) move for summary judgment pursuant to CCP §437c. “[I]n any medical malpractice action, the plaintiff must establish: ‘(1) the ...

Excerpt: ...e. No Oppositions filed as of August 3, 2021. This action for contractual fraud was filed by Plaintiff WILLIAM EDWARD SCOTTEN (“Plaintiff”) on August 6, 2020. Plaintiff's Form Complaint asserts the following causes of action: (1) Breach of Contract; and (2) Fraud. The relevant facts, as alleged, are as follows: “Defendant breached the agreement by…failure to provide Uninsured Motorist coverage for Plaintiff[.] 2. Failure to arbitrate Unin...

Excerpt: ...et and confer declarations in substantial compliance with CCP §2016.040. “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A state of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3)...

Excerpt: ... personal injury action was filed by Plaintiff KIMBERLY BATTAGLIA on February 7, 2019. On December 4, 2020, a Second Amended Complaint (“SAC”) was filed. The SAC alleges, in pertinent part, “GOLDEN initiated the sexual relationship with Plaintiff. GOLDEN did not disclose to Plaintiff that he was not permitted to engage in a sexual relationship with her and act as her medical provider. GOLDEN continued to treat Plaintiff for years while main...

Excerpt: ...pplies for a writs of attachment in the sums of $39,930.48 against Defendants Jeylim Investments, LLC and Jeylim Rios. At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is...

Excerpt: ...ss Petitioner's Appeal on the ground that the court lacks jurisdiction to review an invalid appeal. Procedural History On 12/15/18, the Labor Commissioner issued its findings in Case No. 35-CM- 365556-17. On 1/16/19, Petitioners filed a “Notice of Appeal” of the Order of the Labor Commissioner “pursuant to Labor Code Section 98.2.” On 2/8/19, Petitioners filed a Petition for Writ of Mandate and Stay of Administrative Proceedings. On 7/5/1...

Excerpt: ...pond or to submit to an authorized method of discovery” and “(g) Disobeying a court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary an...

Excerpt: ..., including proper notice to the client at the last known residence or business address of the client. C.R.C. 3.1362. Here, Counsel's declarations indicate that “[a] breakdown in attorney-client communications has occurred….” Where the issue (or conflict) is between the lawyer and client, without implicating other parties, the court can rely on counsel's sworn declaration absent any reason to doubt the representations. There is an undispute...

Excerpt: ...ra Luna Management, LLC, PCCP IRG Downey, LLP, and IRG Downey, LLP's motion for issue and evidentiary sanctions is OFF-CALENDAR. Defendants' Notice to Withdraw Motion for Issue and Evidentiary Sanctions for Failure to Cooperate with the Court's Order Compelling the Deposition of Security Protection Services, Inc.'s Chief Robert Edwards was FILED on May 17, 2021. Moving Parties to give Notice. Motion to Compel Further Defendants Alberta Tierra Lun...

Excerpt: ... discovery. Plaintiff filed a Motion to Compel Further Discovery Responses. The case settled before the Motion to Compel Further was heard. No law and motion hearings occurred prior to settlement. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorn...

Excerpt: ...tricken. The motion is DENIED as to the 13 th cause of action. II. Individual Defendants De La Riva, Mendez, and Perez's demurrer is MOOT as to the 4 th, 5 th, 8 th, 10 th – 12 th, and 15 th causes of action, and SUSTAINED with 10 days leave to amend as to the 6 th and 9th causes of action, and OVERRULED as to the 2 nd – 3 rd, and 13 th causes of action. Entity Defendant City of Maywood's demurrer is SUSTAINED with 10 days leave to amend as t...

Excerpt: ...deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (CCP §2025.480.) Plaintiffs move to compel Barry Weiss (principal of Defendant LTC INVESTORS D-BW, LLC) to respond to the following deposition questions (as summarized by Defendant): (1) If Downey paid an owner's draw in 2018, for example, that draw would be p...

Excerpt: ...s deposition transcripts. Additional evidence submitted for the first time in Reply papers will normally be allowed only in exceptional circumstances. (Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8.) In its discretion, the Court will not consider the new evidence submitted by Defendants in their Reply brief where doing so would result in a deprivation of Plaintiff's right to due process. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522,...

Excerpt: ...ons of Plaintiff's First Amended Complaint is MOOT in part, DENIED in part, and GRANTED with 20 days leave to amend in part. Opposing Party to give Notice. This action for wrongful foreclosure was filed by Plaintiff ANTHONY THOMAS, JR. (“Plaintiff”) on June 29, 2020. On October 29, 2020, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “From around 2017, defendants HOA and API have been managi...

Excerpt: ...n attached, Plaintiff's Form Complaint seemingly asserts the following causes of action: (1) Breach of Contract; (2) Common Counts; and (3) Tax Evasion/Fraud. Plaintiff fails to allege any facts in support of these causes of action. Defendant generally and specially demurs to the entire Complaint. As to the Entire Complaint – Uncertainty Defendant argues that Plaintiff's claims are fatally uncertain. This argument is well-taken. “A special de...

Excerpt: ... a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff alleges that his 2017 Honda Civic vehicle suffers from various defects, including the Infotainment System Defect; that Defendant has been unab...

Excerpt: ...ty J.J. Little Co., Inc. (“JJ Little”) to: (1) produce Alex Rodriguez and Dimas Rodriguez, persons identified by JJ Little as the persons most qualified to testify regarding the categories listed in the deposition subpoena on behalf of JJ Little to appear for deposition; and (2) for production of documents identified in the deposition subpoena in their original electronically stored format. Plaintiff maintains that Alex and Dimas Rodriguez ar...

Excerpt: ... Warehouses, Inc., within 30 days. Moving Parties to give NOTICE. Plaintiffs Garcia and Villasenor move to set aside the dismissal filed on 9/9/20 pursuant to CCP § 473(b). The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this reli...

Excerpt: ...ter being notified of a claim of privilege or of protection under subdivision (a), a party that received the information shall immediately sequester the information and either return the specified information and any copies that may exist or present the information to the court conditionally under seal for a determination of the claim… (d)(1) If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may see...

Excerpt: ...ntained therein shall remain. II. Individual Defendants De La Riva, Mendez, and Perez's demurrer is MOOT as to the 4 th, 5 th, 8 th, 10 th – 12 th, and 15 th causes of action, and SUSTAINED with 10 days leave to amend as to the 6 th and 9th causes of action, and OVERRULED as to the 2 nd – 3 rd, and 13 th causes of action. Entity Defendant City of Maywood's demurrer is SUSTAINED with 10 days leave to amend as to the 2 nd , 4 th – 6 th, 8 th,...

Excerpt: ...ies shall meet and confer to determine the date, time, and location of the depositions, which shall take place no later than 30 days from the date of the Court's issuance of this Order. The date may be extended by agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the...

Excerpt: ...tories (set one) is GRANTED. CCP §2030.290. III. Plaintiff's unopposed Motion to Compel Plaintiff Defendant INVIGORATE HEALTHCARE, INC.'s responses to Special Interrogatories (set one) is GRANTED. CCP §2030.290. IV. Plaintiff's unopposed Motion to Compel Plaintiff Defendant BRANDON BIGELOW's responses to Special Interrogatories (set one) is GRANTED. CCP §2030.290. Moving Party to give Notice. No Opposition(s) filed by February 1, 2021. Due by ...

Excerpt: ...der as set forth in Plaintiff's Motion, seek the following documents:  No. 12. Every student file and/or cumulative file of PERPETRATOR JOHN DOE while a student in the NUSD.  No. 19. Any and ALL DOCUMENTS RELATING TO any warnings, reprimands, or discipline given to student PERPETRATOR JOHN DOE while a student in the NUSD. (Plaintiff will accept redacted copies of said DOCUMENTS to protect the privacy of individuals who are not a party to th...

Excerpt: ...as follows: “Between the years 2007 and 2018, Pep Boys had an ongoing business relationship with [Defendant CUSTOM LEATHERCRAFT MFG. LLC] (“CLC”) whereby Pep Boys ordered certain products manufactured by CLC for resale at Pep Boys' retail locations as well as its online store.” (Complaint ¶8.) “At the time their business relationship ended in February 2018, CLC had 18 outstanding invoices totaling $12,566.71 with Pep Boys. This outstan...

Excerpt: ...e relevant facts, as alleged in the Complaint, are as follows: “Defendants…retained plaintiff to represent them in a civil action entitled Trommald v. Saputo et al VC 051582, for which defendants and each of them agreed to pay plaintiff. Thereafter on or about March 2008, defendants Saputo/Martin and Does 1 to 5 retained plaintiff for services in case no. VP011561 and then on or about 01/04/2011, defendants retained plaintiff for services in ...

Excerpt: ...Portions of Cross-Complainant/Cross-Defendant R-3 CONTRACTORS, INC.'s Cross-Complaint is MOOT. III. Defendant/Cross-Complainant/Cross-Defendants HANES COMPANIES, INC.'s Demurrer to Cross- Complainant/Cross-Defendant MCCARTHY BUILDING COMPANIES, INC.'s Cross-Complaint is SUSTAINED with 30 days leave to amend. IV. Defendant/Cross-Complainant/Cross-Defendants HANES COMPANIES, INC.'s Motion to Strike Portions of Cross-Complainant/Cross-Defendant MCCA...