Excerpt: ...n real property known as 4600 Block of Klamath St., Los Angeles., CA 90032. In 2006, Hassid allegedly formed Hilltop Holdings, LLC, which filed tax documents for the 2006 to 2014 tax years, indicating that Hilltop had an interest in the Klamath Property despite the Property being sold in 2013. Further, in 2012, Hassid allegedly filed a Statement of Information with the California Secretary of State adding Amidi as a member of Hilltop. Prior to th...

Excerpt: ...periodic from month to month. The lease also had a clause charging Nationwide Pallets 150% of the base rent if it ever “holds over” on the tenancy. The lease also allegedly prohibited assignment of the lease or sublease by Nationwide Pallets without prior permission from Luxe. Luxe alleges that in or around April 2020, Nationwide Pallets assigned or sublet its lease in the Property to Classic Pallets, Inc. and its President, Juan Perez and th...

Excerpt: ...as a passenger in a vehicle when the general negligence of Defendants Shakhvaladian and American Medical Response caused a collision with the vehicle in which Plaintiff rode, causing him damages AMR requests sanctions pursuant to Code of Civil Procedure section 128.7, arguing the Court should grant Terminating and Monetary sanctions against Plaintiff based on Plaintiff's objectively unreasonable conduct in refusing to dismiss AMR from this action...

Excerpt: ... (the “Property”). (Complaint, ¶ 4.) The Order is sought to construct, operate, and maintain the “Glendora Station Parking Facility” and other appurtenant uses associated with the design and construction of the Foothill Gold Line Light Rail Extension Project (“Project”), which will extend the existing Metro Gold Line rail by 12.3 miles to the east, from the City of Glendora to the City of Montclair. (Motion, 5:3-6, 13-15.) On August ...

Excerpt: ...es on PVPLC property (“Lot 63”). (See FAC, Ex. 2 [complaint in underlying proceedings].) Defendant in this action, Interinsurance Exchange of the Automobile Club (“Auto Club”), is the Chiles' homeowner's insurance policy insurer and is defending the Chiles in that un-related, underlying and ongoing proceeding, through outside counsel. (See FAC, Exs. 1, 3, 4.) In that other case, the Chiles are not satisfied with the manner of representati...

Excerpt: ...; Richard L. Norlund and Sharon K. Bacon-Norlund, as Trustees of the “Norlund Family Trust dated May 13, 2019” (collectively, “Movant Defendants”). OPPOSITION: Plaintiff, Sandra Norlund, individually and as Trustee of the Norlund Family Trust Dated September 15, 2000 Background Plaintiff Sandra Norlund requested this Court record a notice of lis pendens on properties located at 14924 and 14930 Arrow Highway, Baldwin Park, California (“L...

Excerpt: ...d records— despite Plaintiff's lack of consent. (See Complaint, ¶¶ 6-11.) On June 25, 2021, Defendant Merrie Hathaway demurred to the Complaint's single cause of action on the grounds that the Complaint (1) did not sufficiently plead conversion and (2) was uncertain as to not properly apprise Defendant of the conversion claim's bases. (Demurrer, 3:3-6.) Plaintiff opposed on November 18, 2021, arguing to Complaint sufficiently pleads conversio...

Excerpt: ...hat Defendant failed to send them $98,760.17 under their Guaranty Agreement. (UMF Nos. 7, 8; Ramirez Decl., ¶¶ 8, 9, 13, 14, Exs. A, C.) Plaintiff brings this unopposed motion for summary adjudication of their First and Third causes of action for Breach of Contract and Open Book Account. Plaintiff also requests leave to amend its First Amended Complaint (“FAC”) that, among other things, introduces new allegations against the Defendants for ...

Excerpt: ...y Defendant Farias' guarantee that the car had “[n]o issues, no problems.” (FAC, ¶¶ 6-12.) The FAC also alleges that Plaintiff engaged in a contract—stated alternatively as either an oral, implied-in-fact, or written contract in the third to fifth causes of action respectively—with Defendant Lexus to perform a pre-inspection of the Unmarketable Lexus Vehicle, which Defendant performed and, it seems, did not reveal that the car was in fa...

Excerpt: ...ifornia, Inc. (“STCA”) and Stewart Title Guaranty Company (“STGC”) (collectively, “Defendants”) took on the duty to record a refinanced Deed of Trust (“Refinanced Deed of Trust”) for Plaintiff BIDF within the context of the acquisition of title insurance and that the Stewart Defendants failed to do so, thereby causing damages to Plaintiffs amounting to approximately $1,200,000—allegedly triggered by subsequent mortgages on the p...

Excerpt: ... fiduciary duty, which, among other claims, alleged that Ho-Ruan paid herself a salary without approval from the other LLC members. (Id. at ¶ 9.) On March 10, 2020, Ho-Ruan filed a Cross-Complaint against Cross-Defendants, alleging fraudulent inducement, breach of fiduciary duty, judicial dissolution, and unjust enrichment, then, on April 16, 2020, amended her Cross-Complaint (FAXC) to add an allegation of aiding and an abetting breach of fiduci...

Excerpt: ...16, Defendant Caltrans initiated a second disciplinary action against Plaintiff, which resulted in his termination. Plaintiff Kim appealed the adverse action with the State Personnel Board (“SPB”), which held an evidentiary hearing and found that termination was appropriate under the circumstances despite Plaintiff's reasons for why termination was inappropriate. (See Defendant Caltrans Judicial Notice Request (“RJN”), Ex. B.) Plaintiff t...

Excerpt: ... involving real property in Nevada (“Underlying Action”). The Law Offices of Gary Hollingsworth--employs Legal Assistant Ivy Yuen) represented his Clients through November 16, 2017, when he obtained a favorable $3,106,000.00 jury verdict for Newstart and Cheng. 2018 Attorney Client Fee Agreement: Following the trial, the Hollingsworth recommended that his Clients appeal an aspect of the damages awarded, as well as file suit against creditors ...

Excerpt: ...fend itself in litigation and (2, because) Defendant failed to comply with a prior court order imposing discovery deadlines and monetary sanctions in favor of Plaintiff. Background On May 13, 2020, Plaintiff filed this action against Defendant, alleging breach of contract through failure to comply with contractual obligations and common counts related to money had and received by Defendants for the use and benefit of Plaintiff. (Complaint, 3-4.) ...

Excerpt: ...n the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.” (Code Civ. Proc. § 512.010, subd. (a).) Per CCP § 512.010(b), the application must be submitted under oath and include: “(1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possessio...

Excerpt: ...eparate Property Trust Dated 12/11/97; Richard L. Norlund co-trustee of the Norlund Family Trust Dated 05/13/2019; Sharon K. Bacon-Norlund an individual; Sharon K. Bacon-Norlund co-trustee of the Norlund Family Trust Dated 05/13/2019 The Court ruled in Defendants' favor and granted the motion for summary judgment against Plaintiff, who asks for reconsideration. Judicial Notice Defendants request judicial notice of tax regulations, codes, and onli...

Excerpt: ...in costs claimed by Defendant are undisputed. Analysis It is undisputed that Defendant is entitled to attorney's fees under the Promissory Note and Deed of Trust terms. (Lacy Decl., Ex. B.) Defendant is also entitled to costs as prevailing party. (Civ. Code § 1032(b). Plaintiff objects on three grounds: block billing, excessive billing entries, and the reasonableness of the hourly rate. Defendant was represented by Leib Lerner and Alina Ananian,...

Excerpt: ...ka until she was drunk— he then got her to sign the contract. Carfax now brings this opposed demurrer to the sole remaining cause of action remaining against them: Obtaining Money by False Pretenses-Violation of Pen. Code 496. Analysis Seventh Cause of Action, Obtain Money by False Pretenses (Penal Code § 496): SUSTAINED WITHOUT LEAVE TO AMEND Penal Code § 496(a) provides: “(a) Every person who buys or receives any property that has been st...

Excerpt: ...ll film “Invincible.” The above parties have an unopposed executed a settlement and present the following motions: 1) Motion for Determination of Good Faith Settlement; 2) Petitioner to Confirm Minor's Compromise; 3) Motion to Seal Settlement Agreement; 4) Motion to Seal Petition for Minor's Compromise. 1) Defendant's Motion for Good Faith Settlement Standard: Any party to an action in which it is alleged that two or more parties are joint to...

Excerpt: ...ery (Hansen); 3) Assault (Hansen); 4) Harassment on the Basis of Sex/Gender/FEHA; 5) Discrimination on the Basis of Sex/Gender/FEHA; 6) Discrimination on the Basis of Disability and/or Medical Condition/FEHA; 7) Harassment on the Basis of Disability and/or Medical Condition/FEHA; 8) Failure to Accommodate/FEHA; 9) Failure to Engage in the Interactive Process/FEHA; 10) Retaliation; 11) Failure to Prevent, Remedy, or Investigate Discrimination, and...

Excerpt: ...). Eventually, the City of Santa Monica decided to eliminate subleases, like plaintiffs. But the City opened a bidding process to select a manager for the 3026 Airport Avenue building. To retain the 3026 building, Plaintiffs submitted a proposal under the name Maxima, which was rejected. Plaintiffs allege that during the selection process, they were defamed by City of Santa Monica officials. The current First Amended Complaint (“FAC”) alleges...

Excerpt: ...ent A separate statement is required for a motion to compel answers at a deposition and to compel the production of documents at a deposition. (Cal. Rule of Court, rules 3.1345(a)(4) and (5).) Plaintiffs have failed to provide the required separate statement. Standard Code of Civil Procedure § 2025.450(a) provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, ...

Excerpt: ... GRANTED, In Part A central issue in this matter is whether the statute of limitations bars Plaintiff's claims. There is a pending motion for summary judgment in which the parties argue why or why not the claims are barred by the statute of limitations. For this motion it is sufficient to note that the date Plaintiff discovered the easement is relevant to when the statute of limitations accrued. Plaintiff previously alleged they became aware that...

Excerpt: ...cts because of Defendant's negligent repair. Defendant has filed this opposed demurrer to Plaintiff's Fourth Cause of Action (Negligent Repair). Fourth Cause of Action, Negligent Repair: SUSTAINED Defendant asserts that the economic loss rule bars Plaintiff's negligent repair claim, that Plaintiff has failed to allege any personal injuries or property damage and has failed to allege any distinction between his claims for negligent repair and his ...

Excerpt: ...reholders and managers of Empire. Empire owns Nominal Defendant Marquez Terrace LLC (“Marquez”), which is the owner of real property located at 16655 Marquez Terrace, Pacific Palisades CA 90272 (“Subject Property”). Lenee, and Patno formed Empire and Marquez to redevelop the Subject Property. Plaintiff alleges Lenee and Patno transferred title of the subject property from Marquez to themselves personally, without authorization or consider...

Excerpt: ...ionship broke down, and Hussain sued the corporation, an employee, and several other entities. Defendants demurrer to the following causes of action: 1) Breach of Contract; 2) Fraud; 3) Negligent Misrepresentation and Deceit; 4) Breach of Fiduciary Duty; 5) Conversion; 6) Accounting; 7) Unjust Enrichment. DEMURRER The Court notes that the motion is procedurally deficient as a party cannot file a demurrer and a motion to strike as one motion. Comb...

Excerpt: ..., and Robert Blizinski (“Blizinski”), the Vice President of Human Resources of PCC. Defendants demurrer only to the following causes of action: 2) International Interference with Contractual Relations; 3) Intentional Interference with Prospective Economic Advantage; 4) Slander. DEMURRER Second and Third Causes of Action, International Interference Claims: SUSTAINED Defendants demur these claims on several grounds: Statute of Limitations, Gove...

Excerpt: ...actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (CCP § 1048(a).) “Whether separate actions shall be consolidated for trial is a matter within the discretion of the trial court...

Excerpt: ...ed matters between the parties in the same lawsuit. Thus, the courts' discretion will usually be exercised liberally to permit amendments of the pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. GRANTED Plaintiff's original complaint alleged breach of contract claims related to the parties' Amended and Restated Consulting Agreement (“Consulting Agreement”), in which Plaintiff provided consulting services about the construction of a ...

Excerpt: ...leadings.” (CCP § 473(a)(1).) Judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts' discretion will usually be exercised liberally to permit amendments of the pleadings. Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939. GRANTED Plaintiff's counsel states that in May 2020, he searched the California Secretary of State's website and found that four separate corporations had been o...

Excerpt: ...e sole owner. In 2020, Ruperta Banuelos sold the Property to Defendant Pyramid Investments, Inc. (“Defendant”) for $615,000. Plaintiff alleges the following causes of action against Defendant: 1) Quiet Title; 2) Cancellation of Instrument; 6) Trespass; 7) Invasion of Privacy. DEMURRER First Cause of Action, Quiet Title: OVERRULED The statute of limitations for this claim is three years. (CCP § 338(4).) Defendant argues that the statute of li...

Excerpt: ...nts failed to ensure that Kenneth Evans' (“Decedent”) fourth and fifth amendments to his estate planning documents were valid, which resulted in litigation upon his death. Plaintiff has filed this motion to quash a subpoena for production of documents served on their former counsel on the ground that the document requests violate the attorney-client privilege, her right to privacy, and are irrelevant. Judicial Notice Defendants request judici...

Excerpt: ...r later. Standard Code of Civil Procedure § 36(a) permits a party over 70 years of age to seek a trial preference. The court is required to grant the motion if it finds that the party has a substantial interest in the action as a whole and the health of the party is such that preference is necessary to prevent prejudicing the party's interest in the litigation. (CCP, § 36(a).) Upon granting a motion for preference, the Court must set the trial ...

Excerpt: ...ction (fraud and constructive fraud) and motion to strike. DEMURRER Third Cause of Action, Fraud: OVERRULED The elements of fraud are (1) misrepresentation; (2) knowledge of falsity; (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) resulting damage. Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184. The statute of limitations for fraud is three years. (Code Civ. Proc., §338 subd. (d).) Fraud must be alleged with...

Excerpt: ... Court notes that Plaintiff does not dispute the $5,623.98 in costs requested by Defendants. Standard Civil Code § 1717(a) provides in relevant part: “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract...

Excerpt: ...CA”) and Stewart Title Guaranty Company (“STGC”) (collectively, “Defendants”) recorded a Deed of Trust in the wrong county. The Complaint (“FAC”) alleges: 1) Breach of Contract—Promise to Record Deed of Trust; 2) Breach of Covenant of Good Faith and Fair Dealing—Promise to Record Deed of Trust; 3) Breach of Contract—Title Insurance Policy; 4) Breach of Covenant of Good Faith and Fair Dealing—Title Insurance Policy; 5) Neglig...

Excerpt: ...TANDARD In a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens (the party opposing the motion) has the burden of proof. (Code Civ. Proc., § 405.30.) Thus, that claimant, in opposing the motion to expunge the lis pendens, has the burden of proof and must demonstrate the following: (1) the action affects title to or right of possession of the real property described in the notice; (2) in so far as the said notice is...

Excerpt: ...ivil Procedure § 430.10(d) permits a demurrer to be filed on the ground that “[t]here is a defect or misjoinder of parties.” CCP § 378 allows permissive joiner of plaintiffs if “[¶] (a) (1) [t]hey assert any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will...

Excerpt: ...wners through Airbnb's website. At the prior hearing, this Court asked counsel whether the Coastal Commission should decide this matter and, among other things, whether the Commission had determined whether STRs are a developments under the Act. Judicial Notice and Evidentiary Objections Plaintiff disputes the relevancy of Airbnb's Exhibits A-L but ultimately does not object to these exhibits. Airbnb's Exhibits M-O concern the recent incorporatio...

Excerpt: ...al form interrogatories. Plaintiff objects because these requests violate the attorney-client privilege. Procedural Issue The Court notes that Plaintiff argues that Defendants' motion is procedurally defective because it does not include a separate statement and was not filed within 45 days. Defendants' position is that—because of Plaintiff's untimely discovery response—this is not a motion to compel further but instead is a motion to compel ...

Excerpt: ...al court rulings (RJN, Exs. A-G). Only one of the rulings is binding as the rest are federal district court cases favorable to Chazares's position. The Court takes judicial notice of Chazares's exhibits under Evidence Code § 452(d), official court records, noting that federal district court cases are not binding. STANDARD Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law ...

Excerpt: ...nts request that Plaintiff be ordered to submit to an independent mental examination (“IME”). Defendants also request that Plaintiff—for refusing to attend an IME—and her counsel be sanctioned for $7,500. Standard A party seeking any mental examination must obtain leave of court to do so. (Code Civ. Proc., § 2032.310(a).) Section 2032.310(b) provides that the motion “shall specify the time, place, manner, conditions, scope and nature o...

Excerpt: .... Currency alleges that Wertheim interfered with the economic relationship they had with Page. Wertheim brings this (1) demurrer and (2) motion to consolidate this action (BC395819) with BC598307. 1. DEMURRER Currency's First Amended Cross-Complaint (FACC) alleges: 1) Inducing Breach of Contract; 2) Intentional Interference with Contract; 3) Intentional Interference with Prospective Economic Advantage; 4) Negligent Interference with Prospective E...

Excerpt: ...not object to these exhibits and Airbnb's Exhibits M-O are about the recent incorporation of Plaintiff. Airbnb seems to imply that there is something illegitimate about Plaintiff's recent incorporation and the entity's stated purpose. The argument is not fully developed in this motion: The Court will only take judicial notice of Exhibits A-L. Plaintiff requests judicial notice of documents from the Coastal Commission and Airbnb's SEC registration...

Excerpt: ...of workers' compensation benefits and that Nepomuceno lied in 2007 when Nepomuceno testified as a victim witness against Patel in a criminal trial. In that trial Patel was convicted of savagely assaulting Nepomuceno with a hammer. Patel was sentenced to twelve years state prison. The sentenced was enhanced because the jury also found true Patel had previously been convicted of felony false imprisonment and personal use of a firearm. In that prior...

Excerpt: ...laintiff's Evidentiary Objections: Objs. David Fink Decl., OVERRULED. Defendant's Evidentiary Objections: Obj. Nos. 6 and 7, Alida Ross Decl., SUSTAINED Obj. No. 6, Charlie Ross Decl., SUSTAINED Obj. Cheandrie Ross Decl., OVERRULED Standard Derivative suits are subject to Corporation Code section 800, which states that: “[A]ny defendant who is an officer or director of the corporation…may move the court for an order…requiring the plaintiff ...

Excerpt: ...nd the Congregation of the Mission Western Province, California (“CMWPCA”) jointly filed a motion for summary judgment, which on January 5, 2021, this Court denied. Plaintiffs argue that this motion is an improper motion for reconsideration because defendants already argued that Rodriguez was not their agent. Code of Civil Procedure section 437c states that a party may not move for summary judgment based on issues raised in a prior motion for...

Excerpt: ...s of an international company with offices in the U.S. and abroad—so that she could eventually apply for permanent residency. Ultimately, the hoped-for visa was denied, and Plaintiff received neither the restaurant nor her refund. Defendants bring this opposed motion to compel arbitration. Standard Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the re...

Excerpt: ...upermarket. The Receiver has filed this opposed motion for the Court to approve $190,337.25 in fees and expenses incurred from September 14, 2020, to March 31, 2021. Meanwhile, Plaintiff has filed a motion for leave to file a second amended complaint (“SAC”). Objections: The Receiver's objection to the “draft declaration” on the ground of lack of foundation is sustained. The declaration is a draft that does not state who wrote it—presum...

Excerpt: ... Slauson Gas Station, LLC (Plaintiff) received a $1.36 million loan from Defendant So-Cal Capital, Inc. (“So-Cal” or Defendant). Plaintiff's Complaint alleges two causes of action: 1) Discriminatory Lending Practices and 2) Breach of Contract. Defendant has filed this motion for summary judgment/summary adjudication of the two claims. Facts Presented In late October 2016, Plaintiff executed a Deed of Trust in favor of Symetra, who provided th...

Excerpt: ... records to show Plaintiff, allegedly, perjured herself when she requested a fee waiver from the court. Plaintiff brings this motion to quash the subpoena on the ground that Defendants did not comply with mandatory procedural requirements and requests that Defendants and their counsel be sanctioned. Meet and Confer: Contrary to Defendants' argument, there is no meet and confer requirement for a motion to quash. (Code Civ. Proc. § 1987.1.) Standa...

Excerpt: ...e plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized ...

Excerpt: ...not know what he was doing, and that Palmeri did not properly run the restaurant.” (CC, ¶ 11.) Frasca has filed this opposed demurrer all but the Sixth causes of action: 1) Defamation Per Se; 2) Defamation Per Quod; 3) Intentional Interference with Prospective Economic Relations; 4) Negligent Interference with Prospective Economic Relations; 5) Breach of Labor Code §2863; 6) Breach of Written Contract. Judicial Notice: Frasca's request is gra...

Excerpt: ...iff's insured. Specific Jurisdiction: California's long-arm statute authorizes California courts to exercise jurisdiction on any basis consistent with the U.S. Constitution or the California Constitution. (Code of Civ. Proc. §410.10; Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 444-445.) There are two types of personal jurisdiction: general jurisdiction and specific jurisdiction. General jurisdiction exists when the defenda...

Excerpt: ...falsely promised to renew the lease, and in reliance, they installed trade fixtures and made other improvements to the property. The first amended cross-complaint (FACC) alleges: 1) Breach of Oral Lease Agreement; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Breach of Implied Agreement; 4) Promissory Estoppel; 5) Declaratory Relief; 6) Conversion; 7) Wrongful Eviction. Saddletree brings this opposed demurrer—which does n...

Excerpt: ...chantability; 6) Fraud by Omission; 7) Violation of Consumer Legal Remedies Act (CLRA). DEMURRER Statute of Limitations: OVERRULED Defendant argues that Plaintiff's claims (Implied Warranty; Fraud; and CLRA) are barred by their four and three years statute of limitations, respectively. Plaintiff purchased the vehicle in Jan. 2016, filed this action on May 27, 2020, and alleges she discovered that Defendant concealed information about the engine d...

Excerpt: ...alth's (“OSHA”) Appeal Board and 2) excerpts from the OSHA Technical Manual. The Court DENIES the request as to the first exhibit but GRANTS it as to the second exhibit under Evidence Code 452(h), matters not reasonably subject to dispute. DEMURRER – OVERRULED Whether Section 15 is Vague? Plaintiff argues that the excessive temperatures he and other employees were subjected to violated Labor Code § 1198. Section 1198 states that “[t]he e...

Excerpt: ...nient to her because of her age and infirmities. Also, the request for documents is overly broad. Alexander requests $4,702.50 in sanctions while Tolley requests $6,001.65 in sanctions. Standard: CCP §2025.450(a) provides that: “[i]f, 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, witho...

Excerpt: ...ied with an Oct. 2020 Order to provide medical records. Standard: The court may impose monetary, issue, evidence, or terminating sanctions if a party fails to comply with a court order compelling a response to interrogatories or a demand for inspection, copying, testing, or sampling. (Code Civ. Proc., §§ 2030.290(c); 2031.300(c).) CCP § 2023.010 provides that “[m]isuses of the discovery process include, but are not limited to, the following ...

Excerpt: ...Estoppel. On March 19, 2021, Thannhaeuser filed this opposed demurrer. Judicial Notice: The Court will take judicial notice of Thannhaeuser's three exhibits—forms and orders from small claims court—under Evidence code 452(d), official court records. The Court will also take judicial notice of TKH's exhibit—the complaint in case no. 19SMDC01912—under Evidence code 452(d), official court records. GRANTED The issue in this case is whether TK...

Excerpt: ...estimony and production of financial documents on Steven Mark Miller and Debbie Kong (“Kong”. Miller is the custodian of records for National Mortgage Resources, which made a loan to Centinela Car Wash Properties, LLC (“Centinela”). Similarly, Kong represents Preferred Bank, which made a loan to 3737 N. LA Brea LLC. Nissani is the managing member of both Centinela and 3737 N. LA Brea. HTL has filed three opposed motions to quash these sub...

Excerpt: ...1) Breach of Contract; 2) Money Had and Received; 3) Account Stated; 4) Reasonable Value; 5) Non-Payment of Services; 6) Open Book Account; 7) Failure to Issue Prompt Payment; 8) Breach of Implied Covenant of Good Faith and Fair Dealing. Defendant has filed this opposed demurrer to the FAC. OVERRULED Defendant makes the following arguments: Lack of Privity Between the Parties: The Court finds that Plaintiff has sufficiently alleged the existence ...

Excerpt: ..., arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. Blake v. Ecker (2001) 93 Cal.App.4th 728, 741 (overruled on other grounds.) A party petitioning to compel arbitration has the burden of establishing the existence of a valid agreement to arbitrate, and the party opposing the petition has the burden of proving, by a preponderance of the evidence,...

Excerpt: ...SAC”) alleges: 1) Breach of Contract; 2) Contractual Indemnity; 3) Declaratory Relief. Evidentiary Objections & Rulings Judicial Notice: Judicial notice of the following facts: GRANTED 1. The existence of the city of Gardena, California. 2. That the city of Gardena, California is located in Los Angeles County. 3. The existence of the city of Westminster, California. 4. That the city of Westminster, California is located in Orange County. 5. Tha...

Excerpt: ...er reviewing the file in camera. On November 17, 2020, Plaintiff filed the instant motion for reconsideration. Plaintiff request that the Court modify its order and require El Camino to produce: 1) All documents related to the February 15, 2019 interview with Defendant (“Interview Notes”); 2) All documents related to any investigation related to Plaintiff's complaints against Defendant. On January 27, 2021, the Court ordered El Camino's couns...

Excerpt: ...Trope was relieved, and after Plaintiff retained new counsel (in June 2017), the arbitrator issued an award against Plaintiff. That award against plaintiff was confirmed in court on February 26, 2018. In this case against Trope, filed on March 21, 2019, Plaintiff alleges 1) Breach of Contract; 2) Professional Negligence; 3) Negligent Infliction of Emotional Distress; 4) Intentional Infliction of Emotional Distress. Previously, the Court granted D...

Excerpt: ...icial Notice: The Court takes judicial notice of the exhibits per Evidence Code § 452(d), official court records. Objections: Plaintiffs' 13 objections are OVERRULED. Defendant's objections 6-8 and 10 are SUSTAINED, while 1-5 and 9, are OVERRULED. A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of l...

Excerpt: ...(“Davis”); Victoria M. Ruffin; Amanda L. Parrell (collectively, “Defendants”) and moving parties here, were members of the Board. Plaintiff alleges causes of action for: 1) Retaliation in Violation of California Labor Code § 1102.5; 2) Retaliation in Violation of California Labor Code § 98.6; 3) Reporting of Improper Governmental Activities Act, Ed. Code §§ 44113 and 44114; 4) Violation of the Whistleblower Protection, California Fals...

Excerpt: ...nt has failed to pay the outstanding balance of the loans. On November 16, 2020, Plaintiff filed the instant opposed motion for summary adjudication of Plaintiff's third cause of action, breach of commercial guaranty. Judicial Notice: Plaintiff requests judicial notice of 1) bankruptcy petition 2) order dismissing bankruptcy case. The Court will take judicial notice of Plaintiff's exhibits per Evidence Code 452(d), official court records. Standar...

Excerpt: ...udgment against Defendant in the amount of $346,698.45. On December 1, 2020, Defendant filed the instant opposed motion to set aside the default judgment because he did not receive actual notice of the action. Objections: Plaintiff's objections are OVERRULED. The Court notes that Defendant's Exhibits G and H are only relevant for the fact that during the week of March 20-27, Defendant was in New York. Defendant's objection is OVERRULED. Standard:...

Excerpt: ...tion agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. Blake v. Ecker (2001) 93 Cal.App.4th 728, 741 (overruled on other grounds.) A party petitioning to compel arbitration has the burden of establishing the existence of a valid agreement to arbitrate, and the party opposing the petition has the burden of proving, by a preponderance of the evidence, any fact...

Excerpt: ...ence of drugs, ran a red light and crashed into him. This impact caused Goode to lose control of his vehicle. Defendant YB Real Estate Properties IV, LLC (“YB”) allegedly owned or controlled the premises where the restaurant was located. Plaintiff alleged that the premises where the restaurant was located was in a dangerous condition because it was not in conformance with a permit issued by the city of Los Angeles and was negligently/careless...

Excerpt: ...ing he entered into an agreement by which he agreed to perform construction work on a their property but he failed to properly perform or complete his work. On October 12, 2020, Kim filed a Cross-Complaint against Kakoian alleging cause of action for Negligence, Tortious Abuse of Process, Malicious Prosecution, and Tortious Legal Malpractice. Kakoian brings an opposed special motion to strike (anti-SLAPP) Kim's Cross-Complaint. Kakoian requests t...

Excerpt: ...ntersection when Goode ran a red light and crashed into him. This impact caused Goode to lose control of his vehicle and veer into Fish Spot's outdoor seating area. Plaintiff and Winn have entered into a settlement agreement. In exchange for Plaintiff dismissing her claims against Winn, he will pay $40,000. Winn requests that the Court declare the proposed settlement to be in good faith. Objection: Goode's objections are OVERRULED. Standard: Any ...

Excerpt: ...ation and harassment on the basis of gender and pregnancy. On September 22, 2020, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging causes of action for: 1. Disability and Gender Discrimination; 2. Failure to Prevent Discrimination and Harassment FEHA and Gov. Code § 12940, et seq.; 3. Hostile Work Environment; 4. Intentional Infliction of Emotional Distress (“IIED”); 5. Declaratory Relief. On September 8, 202...

Excerpt: ...Defendant Preferred Bank (“Preferred”) has filed a demurrer to Plaintiffs' Second Amended Complaint (“SAC”). Defendants Pico & Lull, CPA's, Richard Lull and Steven M. Pico Revocable Trust (collectively, “Pico”) also filed a demurrer to the SAC. After the filings of the demurrers, Plaintiffs filed a Motion for Leave to File a Third Amended Complaint (“TAC”). The Hotel Defendants and defendant David Zislis (“Zislis”) filed oppos...

Excerpt: ...s bring this opposed motion to compel arbitration. Objections: Plaintiff objects to statements in the Declaration of Erin Simonson, Defendants' Human Resources Director, on the grounds of foundation, relevance, and hearsay. Plaintiff's objections nos. 1-3 are OVERRULED. Standard: Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contr...

Excerpt: ...sional negligence and breach of fiduciary duties. Plaintiffs allege Defendants failed to ensure that Kenneth Evans' (“Decedent”) fourth and fifth amendments to his estate planning documents were valid, which resulted in litigation upon his death. Plaintiff's Request for Inspection seeks for Defendant Mark Miller (“Defendant”) to make various computers used by him available for inspection by Brad Maryman (“Maryman”), a forensic expert....

Excerpt: ...on of John Morales, Defendant's Vice President of Administration, on the grounds of lacks personal knowledge, authentication, and hearsay. The statement is: “On December 13, 2010, Plaintiff and CDB entered into an Arbitration Agreement (“First Arbitration Agreement”).”(Decl. Morales, ¶ 5.) Plaintiff's objection is SUSTAINED. Plaintiff objection to Exhibit F (both arbitration agreements) of Morales' Declaration is OVERRULED. Standard: Und...

Excerpt: ...ctim, Plaintiff's passenger, was left in a permanently incapacitated state. On November 16, 2018, Plaintiff filed a First Amended Complaint (Case No. BC706044) against Dr. Cynthia L. Miller Dobalian, daughter and heir of that witness (Gerald Miller), alleging that Miller negligently deprived Plaintiff of his liberty. In that civil action, Dr. Dobalian was represented by attorney Kirsten L. Erney. On July 25, 2019, the Honorable Gregory Keosian, h...

Excerpt: ...aintiff filed this motion requesting that Defendant General Motors LLC produce its Person Most Knowledgeable (“PMK”) and Custodian of Records for deposition and request sanctions against Defendant and their counsel in the sum of $2,185. Standard: Code of Civil Procedure section 2025.450 provides: “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 desi...

Excerpt: ...ments served on Co-Defendant District. On August 13, 2020, Doe filed a Pitchess motion to require District to disclose information from Toruno's personnel file and investigatory records. PITCHESS MOTION 1) Plaintiff Doe's Pitchess Motion-GRANTED Standard: There is a special two-step procedure for securing disclosure of peace officer personnel records. Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1019. First, the party seeking disclosure must...

Excerpt: ...020 Second Amended Complaint (“SAC”) alleges causes of action against Defendant for: 1. Breach of Implied Contract; 2. Quantum Meruit; 3. Promissory Estoppel; 4. Unjust Enrichment; 5. Unfair Business Practices (Cal. Bus. & Prof. Code § 17200, et seq.) Defendant is a self-funded employee benefit plan that is regulated and governed by Employee Retirement Income Security Act (“ERISA”). (SAC, ¶ 6.) Plaintiff alleges that on five separate oc...

Excerpt: ...s, including Kyle Fitzpatrick, pretextually evicted him from the property. On July 16, 2020, the Court granted Defendants' four motions to strike (anti-SLAPP) and now bring this Opposed motion requesting a total of $82,117.22 in attorneys' fees and costs. Standard: The anti-SLAPP statute provides that “in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney'...

Excerpt: ...ly 13, 2020, Defendants filed the instant motion for summary adjudication of Plaintiffs' First cause of action for Breach of Implied Warranty of Merchantability. Objections: Defendants' objections to Plaintiffs' exhibits D through L are OVERRULED. Judicial Notice: Judicial notice is TAKEN of exhibits A through C, discussion of the legislative intent of the Song-Beverly Act. First Cause of Action, Breach of Implied Warranty of Merchantability: GRA...

Excerpt: ...�) that were secured by her home, the Subject Property. Ronald Stauber is alleged to have drafted the security agreement while his wife Elizabeth Stauber, daughter of Saret, was Saret's agent. Plaintiff alleges that defendants defrauded him because the Subject Property had already been transferred into a trust when the security agreement was executed. On November 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) against defendants a...

Excerpt: ...the salesman promised her that the subject vehicle would be installed with a tow-hitch and new tires. Plaintiff also alleges that the salesman served her vodka based cocktails until she was intoxicated and then had her sign the sales contract. Plaintiff's Complaint alleging causes of action for: 1. Voidable Contract (Sales Agreement); 2. Breach of Contract and Implied Good Faith and Fair Dealing; 3. Misrepresentation, Fraud, and Deceit; 4. Neglig...

Excerpt: ...s in the amount of $3,759. Meanwhile, on February 19, 2020, Plaintiffs filed a motion to depose Ford Motor Company's PMK and Custodian of Records and for monetary sanctions in the amount of $1,860. Plaintiff previously deposed Defendant Ford's PMK and Custodian of Record but Defendant only produced the witnesses to some of the matters of examination. Plaintiffs request that Defendant Ford be ordered to produce a PMK and Custodian to speak on matt...

Excerpt: ...everly Act. On August 12, 2020, Defendants filed this opposed motion to compel arbitration and stay the proceedings. Judicial Notice: Both Defendants and Plaintiffs request judicial notice of federal district court orders either compelling arbitration or denying requests to arbitrate. Judicial notice is DENIED as the orders are irrelevant to the facts of this case. Objections: Defendants object to statements made in the declaration of Stephen Par...

Excerpt: ...es that as a result of the accident he suffers from several abdominal conditions and traumatic brain injury. 1. Plaintiff's Motion to Compel RFD and SROG: MOOT Defendant's counsel states that this motion is moot because he has provided the requested discovery. Counsel admits that he did not timely respond and states that the discovery requests were not calendared properly because of issues caused by the pandemic. Counsel also states that before t...

Excerpt: ...on to Consolidate: GRANTED On June 19, 2020, Petitioners Ivie and Diggs filed the motion to compel arbitration against Dade (Case No. 20STCP01967.) On July 9, 2020, Dade filed her own a complaint for employment discrimination against Ivie and Diggs (Case No. 20STCV25831.) The cases have been related. As both cases “involve a common question of law or fact” per Civil Procedure Code section 1048(a), consolidating them avoids Petitioners having ...

Excerpt: ...D. Defendants argue that a claims examiner does not owe any independent duty to an insured and thus, cannot be held liable for alleged negligent claims handling. “ ‘The elements of negligent misrepresentation are (1) a misrepresentation of a past or existing material fact, (2) made without reasonable ground for believing it to be true, (3) made with the intent to induce another's reliance on the fact misrepresented, (4) justifiable reliance o...

Excerpt: ...v't Code § 12940(a)); 2) Disability Discrimination in Violation of FEHA for Failure to Provide Reasonable Accommodation (Cal Gov't Code § 12940(m)); 3) Disability Discrimination in Violation of FEHA for Failure to Engage in the Interactive Process (Cal Gov't Code § 12940(n)); 4) Tortious Termination and Discrimination in Violation of Public Policy Based on FEHA and California Case Law; 5) Breach of Implied-In-Fact Covenant Not to Terminate Wit...

Excerpt: ... by gases and fire debris. On October 23, 2019, Plaintiffs filed a Complaint against Defendant alleging causes of action for: 1) Insurance Bad Faith, and 2) Breach of Contract. Analysis: The Court will mirror the parties' papers and discuss the second cause of action first. Second Cause of Action, Breach of Insurance Policy: OVERRULED Defendant argues that there was no breach. Defendant states that under the policy they were only obligated to pro...

Excerpt: ...na Health and Life Insurance Company; Aetna Life Insurance Company (collectively, “Entity Defendants”). Plaintiff also alleged claims for harassment and intentional infliction of emotional distress against Todd Rushworth and Silvia Barbosa, Terminix employees. On August 6, 2019, the Entity Defendants attempted to remove the entire action to federal court, the matter was remanded—but not before the District Court granted the Entity Defendant...

Excerpt: ...Implied Covenant of Good Faith and Fair Dealing; 3) Invasion of Privacy; 4) Breach of Fiduciary Duty; 5) Defamation-Slander; 6) Interference with Prospective Business Advantage. On February 18, 2020, Ho filed a demurrer to Plaintiffs' Third, Fifth, and Sixth causes of action. Ho has also filed a motion to strike punitive damages from the FAC. On February 20, 2020, Mok filed a demurer to the Third through Sixth causes of action. Mok has also filed...

Excerpt: ...vertised as passing a rigorous inspection process before being resold. Plaintiff alleges that she relied on CPO certification when purchasing the subject vehicle. However, Plaintiff alleges that the subject vehicle had preexisting undisclosed accident damage and that the vehicle should not have passed the inspection process. Plaintiff's First Amended Complaint (“FAC”) alleges: 1. Violation of the Consumers Legal Remedies Act (KDW Only); 2. Vi...

Excerpt: ...t Inducement-Intentional Misrepresentation. On November 26, 2019, Defendant filed a demurrer as to the Fourth and Fifth causes of action. Defendant also filed a motion to strike punitive damages from the Complaint. Uncertainty: OVERRULED Defendant argues that the Complaint is uncertain. 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 cann...

Excerpt: ...rauma and died on March 17, 2017. Simenthal was charged and convicted of the crime. On September 19, 2019, Plaintiff Esperanza Velarde Sanchez (“Plaintiff”), individually and as successor-in-interest to Decedent, sued Defendant Department of Transportation. On September 19, 2019, Plaintiff served third-party Los Angeles Police Department (“LAPD”) with a Deposition Subpoena for Production of Business Records. The subpoena sought the produc...

Excerpt: ...ng him to file a Fourth Amended Complaint (“FAC”). The Fourth Amended Complaint dismissed Chief David L. Maggard from the action and dismissed Plaintiff's punitive damages claim, leaving the following causes of action against Defendant: 1) Race Discrimination in Violation of FEHA; 2) Harassment in Violation of FEHA; 3) Retaliation in Violation of FEHA; 4) Failure to Prevent Discrimination, Retaliation, and Harassment in Violation of FEHA; 5) ...