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...