Excerpt: ...successor-in-interest, filed this opposed motion for leave to file a first amended complaint. Although defendant City of Los Angeles filed an opposition brief on April 26, 2018, City of Los Angeles was dismissed without prejudice on June 20, 2018. (Because defendant County of Los Angeles was dismissed on September 18, 2017, the only named defendant remaining in the matter is State of California, although City of Los Angeles remains in this action...

Excerpt: ...018, plaintiff filed a complaint and on May 17, 2018, the operative first amended complaint. On May 24, 2018, Stepan Cholakian (hereinafter defendant) filed this opposed motion for judgment on the pleadings. Standard: A defendant may file a motion for judgment on the pleadings after filing an answer and the time to demur has expired. CCP § 438(f)(2). A defendant may move for judgment on the pleadings on the ground that the “complaint does not ...

Excerpt: ...ly to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of California, does not work in California and does not perform regular or substantial business, professional or other activities in the State. The written application must provide the following information: (1)...

Excerpt: ...e standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056; Lombardi v. Citizens Nat'l Trust & Sav. Bank (1955) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”) Demurrer Standard: A demurrer tests the sufficiency of the pleading at issue as a matter of law...

Excerpt: ... the UCL, (3) violation of the common law right of publicity, and (4) violation of the statutory right of publicity. On May 29, 2019, defendant filed this opposed motion to quash service of summons. (Despite plaintiff's assertion to the contrary, defendant has not requested the incorrect relief, as she is asserting that the Court lacks personal jurisdiction over her.) Standard: “A defendant, on or before the last day of his or her time to plead...

Excerpt: ...n, (3) failure to engage in good faith interactive process, (4) retaliation, (5) wrongful discharge in violation of public policy, (6) failure to provide personnel grievance records, and (7) PAGA. On March 16, 2018, plaintiff filed a notice of settlement, which indicated that the settlement was unconditional. On May 2, 2018, plaintiff filed this unopposed motion to enforce the settlement. Also on May 2, 2018, the Court granted defendants' counsel...

Excerpt: ...ttery in plaintiff's S7 Edge cell phone manufactured by defendants exploded, causing plaintiff to sustain third degree burns and other bodily injury. On October 16, 2017, plaintiff filed a complaint for: (1) strict product liability (design defect and manufacturing defect), (2) strict product liability (failure to warn), (3) negligence (design, sale, manufacturing), (4) negligence (failure to warn), (5) breach of implied warranties, (6) violation...

Excerpt: ...018, default was entered against defendant. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 20 on the appropriate Judicial Council form. It also includes a proposed form of judgment on the optional Judicial Council form. The amount requested as principal damages is less than the amount prayed for in the complaint. Although plaintiff's counsel indicated that ...

Excerpt: ...le surgeries, including reconstruction of his penis, scrotum, and genital area. Plaintiffs allege as follows: Following gastric bypass surgery, Thomas lost a significant amount of weight. FAC ¶ 15. (The Court refers to plaintiffs individually by first name for convenience, not out of familiarity or disrespect.) The severe weight loss resulted in folds of excess skin that covered, pressed down upon, irritated, and threatened severe injury to Thom...

Excerpt: ... premises in Commerce, California (the Box-N-Go Premises) to Box- N-Go, with Bernstein, Krakovsky, and Trakhtenberg (guarantors) each executing personal guarantees of the lease in favor of plaintiff. Complaint ¶ 11, 13. In 2013, plaintiff leased adjacent space to non-party BAR Logistics, d/b/a Santa Fe Warehouse. Under the terms of the lease, Santa Fe Warehouse had the right to lease the Box-N-Go Premises once Box-N- Go's lease ended in 2015. Id...

Excerpt: ...complaint for (1) fraud and deceit, (2) attorney malpractice negligence, and (3) breach of fiduciary duty. On May 30, 2018, defendants Harold Greenberg and The Law Firm of Harold Greenberg (collectively, Greenberg) filed this unopposed demurrer for insufficient facts and uncertainty. Greenberg filed this unopposed motion to strike the same day. Greenberg's counsel filed a compliant meet and confer declaration. Murch Decl. ¶ 2. Request for Judici...

Excerpt: ... a trial court has discretion to vacate the entry of a default or subsequent judgment, this discretion may be exercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits.' [Citation.] Code of Civil Procedure section 473 and 473.5 authorize challenges to defaults and default judgments on various grounds...

Excerpt: ...red to be restored, and the agreement is null and void ab initio. Vitech alleges that the parties entered into an agreement (the Framework Distribution Agreement) whereby defendants would be plaintiff's exclusive distributor of plaintiff's animal feed product for delivery to plaintiff's Chinese customers. Complaint ¶¶ 10, 23. The agreement was written in Chinese. Complaint ¶ 23, Exh. 1. Defendants, however, sold a counterfeit version of plaint...

Excerpt: ...ing Capital Group, Inc. (Pacific Lending), Saksa, LLC (Saksa), MacArthur East, LLC (MacArthur East), MFTDS, Inc. (Master Funding), Stephen L. Wheeler, Andrew Wheeler (collectively with Stephen L. Wheeler, Wheelers), Eugene E. Combes, PS Funding, Inc. (PS Funding), Golden Arrow Head, LLC (Golden Arrow Head), and all persons claiming interest in property described in the complaint for damages and reformation. Cross-complaints by Master Funding and ...

Excerpt: ...ents or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by the party, the witness, or any consumer described in Code of Civil Procedure section 1985.3, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon such terms or c...

Excerpt: ...ellation of instrument, (5) quiet title, (6) slander of title, (7) constructive trust, and (8) resulting trust. According to the moving papers, on June 21, 2017, the parties settled at an MSC. On January 24, 2018, the Court granted plaintiffs' motion to enforce the settlement agreement. On April 24, 2018, judgment was entered in favor of plaintiffs. On May 23, 2018, defendant filed this opposed motion to correct the judgment pursuant to Code of C...

Excerpt: ...stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order . . . .”); Diesel Const. Equipment Co. v. Neveils (1963) 214 Cal.App.2d Supp. 877, 880 (“All that is necessary to divest the trial court of jurisdiction is the filing of the notice of appeal. [Citation.]”) Although the Court may still decide matters not “embr...

Excerpt: ...d Breed St.) and monetary damages. According to the allegations, the parties entered into a real estate development business that failed in part because defendants failed to perform the renovation work. In attempting to salvage the business's financial situation, defendants convinced plaintiffs to sell them the properties with the assistance of a new lender but without disclosing that they had a business relationship of their own without actually...

Excerpt: ...acts. Also on June 13, 2018, defendant filed this unopposed motion to strike punitive damages. Plaintiff is self-represented and self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056; Lombardi v. Citizens Nat'l Trust & Sav. Bank (1955) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and pro...

Excerpt: ...ndants exploded, causing plaintiff to sustain third degree burns and other bodily injury. On October 16, 2017, plaintiff filed a complaint for: (1) strict product liability (design defect and manufacturing defect), (2) strict product liability (failure to warn), (3) negligence (design, sale, manufacturing), (4) negligence (failure to warn), (5) breach of implied warranties, (6) violations of the False Advertising Law, and (7) violations of the Un...

Excerpt: ...junction, a declaration, and other relief arising from defendants' alleged failure to pay title insurance benefits related to a commercial real property and their failure to inform plaintiff that she was “buying a lawsuit.” Allegations: From May through September 2005, plaintiff negotiated to purchase an apartment complex (the Gibraltar property) from third party David Behrend. In August 2005, Behrend told plaintiff's real estate agent that h...

Excerpt: ...tive relief, and (4) specific performance. On May 19, 2017, the arbitrator (Judge Terry Friedman (Ret.)) entered an award in favor of defendant. On May 7, 2018, the Court entered judgment based on the arbitrator's award. Plaintiff filed this opposed motion to vacate or correct the judgment under Code of Civil Procedure sections 663 and 473, subdivision (d). Standard: Code of Civil Procedure section 663 provides that “[a] judgment or decree, whe...

Excerpt: ...t to such fees and the reasonableness of the fees claimed. Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties[.]” CCP § 1021. “It is well established that the determination of what constitutes reasonable attorney ...

Excerpt: ... RJN, Exh. A. The loan was secured by a deed of trust on the Subject Property, and the deed of trust identified Mortgage Electronic Registration Systems, Inc. (MERS) as the beneficiary. Ibid. In May 2012, MERS assigned its interest in the deed of trust securing the 2004 loan to U.S. Bank National Association (US Bank.) In June 2012, a a notice of default was recorded on the Subject Property. RJN, Exh. D. This notice of default indicated that plai...

Excerpt: ... for admissions are directed fails to serve a timely response, that party waives any objection to the requests. CCP § 2033.280(a). In addition, the propounding party may move for an order that the truth of any matters specified in those requests be deemed admitted. CCP § 2033.280(b). The court shall make this order unless it finds that, prior to the hearing on the motion, the responding party served a proposed response that is substantially cod...