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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...chair. On May 19, 2016, plaintiffs filed a complaint for negligence, premises liability, and loss of consortium. Avalon Tent and Party (Avalon) was substituted as defendant Doe 1 on February 21, 2017. On July 11, 2016, LA Coliseum filed a cross-complaint against Roe cross-defendants for (1) express indemnification, (2) equitable indemnification, (3) equitable contribution, and (4) declaratory relief. Avalon was substituted as cross-defendant Roe ...

Excerpt: ...for dissolution and an accounting, and have made decisions without notifying plaintiffs. Plaintiffs allege that the Buchanan Trust owns a 50% interest in James Wier Family, LLC. On March 17, 2017, plaintiff filed a complaint in Ventura County for (1) breach of contract, (2) dissolution, (3) accounting, (4) breach of fiduciary duty, and (5) bad faith. The complaint was filed in this Court on November 13, 2017. On April 17, 2018, the Court granted ...

Excerpt: ...rd Allen sustained injuries from a broken chair. On May 19, 2016, plaintiffs filed a complaint for negligence, premises liability, and loss of consortium. Avalon Tent and Party (Avalon) was substituted as defendant Doe 1 on February 21, 2017. On July 11, 2016, LA Coliseum filed a cross-complaint against Roe cross-defendants for (1) express indemnification, (2) equitable indemnification, (3) equitable contribution, and (4) declaratory relief. Aval...

Excerpt: ...with reasonable diligence, have discovered and produced at the time of the prior motion. . . . A motion for reconsideration will be denied absent a strong showing of diligence.” Forrest v. State of Calif. Dept. of Corps. (2007) 150 Cal.App.4th 183, 202, disapproved on another ground in Shalant v. Girardi (2011) 51 Cal.4th 1164, 1172, fn. 3); Baldwin v. Home Sav. of Am. (1997) 59 Cal.App.4th 1192, 1199 (noting that 1992 amendment to Code of Civi...

Excerpt: ... Rim Sir filed an answer. On November 16, 2017, plaintiff dismissed the complaint as to Jung Rim Sir with prejudice. On December 29, 2017, plaintiff dismissed its demand for punitive damages as to the fifth cause of action. Default was entered against Pop Up Group, Inc. and Jijoon Kim (hereinafter defendants) also on December 29, 2017. Plaintiff now seeks default judgment against defendants in the principal amount of $24,387.09, plus interest, co...

Excerpt: ...016, plaintiffs filed a first amended complaint. On August 3, 2017, plaintiffs filed a second amended complaint. On January 23, 2018, plaintiffs filed the operative third amended complaint for: (1) breach of fiduciary duty; (2) abuse of control; (3) corporate waste; (4) negligence; (5) breach of contract; (6) breach of implied-in-fact contract; (7) breach of covenant of good faith and fair dealing; (8) intentional misrepresentation; (9) unjust en...

Excerpt: ...ons of the Unruh Civil Rights Act, and (4) negligence. On May 14, 2018, defendants filed this opposed motion to strike the prayers for punitive damages and related allegations. Standard: The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed ...

Excerpt: ...ion sue defendant Century-National Insurance Company (CNIC) for insurance bad faith arising from defendant's allegedly wrongfully denying plaintiffs' water damage claim. On July 18, 2016, plaintiffs filed a complaint for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional infliction of emotional distress, (4) declaratory relief (re: policy's “cooperation” clause), (5) declaratory relief (...

Excerpt: ...ntiality of Medical Information Act, (3) intentional infliction of emotional distress, and (4) negligence. On May 4, 2018, defendant filed this unopposed motion to continue trial. Standard: Continuances of trial dates are generally disfavored, unless the necessity for the continuance resulted from an emergency occurring after the trial setting conference that could not have been anticipated or avoided with reasonable diligence and cannot now be p...

Excerpt: ...kinCare, LLC; Thibiant Beverly Hills, LLC; True North Equity, LLC; R Lane Associates, Inc.; and Qual-Pro Corporation for injunctive relief, an accounting, rescission, dissolution, and damages based on alleged misappropriation and related claims. On March 26, 2018, plaintiff filed an opposed motion to compel further responses from defendant SkinClinical Technologies, LLC's to plaintiff's production demand. On April 24, 2018, the Court issued a min...

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...

Excerpt: ...overage of the claim in the above action. On May 4, 2016, plaintiff filed a complaint against defendant, asserting a cause of action under Insurance Code section 11580 to collect on the judgment, case no. BC619295. On October 13, 2017, plaintiff dismissed that case without prejudice. On September 9, 2017, plaintiff acquired Cowo's rights under Cowo and PCIC's insurance contract. Plaintiff then moved to set aside the dismissal on the grounds that ...

Excerpt: ...lure 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's motions...

Excerpt: ... leased commercial 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...

Excerpt: ...guaranty. On April 30, 2018, plaintiff filed this unopposed motion to compel initial responses from Sheen (hereinafter defendant) to form interrogatories and inspection demands and to deem requests for admission admitted. Plaintiff seeks sanctions. Standard: “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: [¶] (a) The party to whom th...

Excerpt: ...tion and [Proposed] Consent Judgment as to Hobby Lobby Stores, Inc.” (Stipulation), although no notice of settlement was filed. Greenbaum Decl., Exh. 1 (Stipulation). On April 10, 2018, plaintiff filed this unopposed motion to enter a consent judgment between it and defendant. The Court considered the moving papers and rules as follows. Analysis: On April 2, 2018, the parties executed the Stipulation, a copy of which plaintiff submitted. The St...

Excerpt: ...ion of FEHA; (2) harassment on account of race/color in violation of FEHA; (3) retaliation on account of race/color in violation of FEHA; (4) failure to prevent discrimination, harassment and retaliation; (5) violation of rights under Article I, Section 8 of the California Constitution; (6) wrongful termination in violation of public policy; (7) failure to pay overtime wages; (8) failure to provide meal periods; (9) failure to provide rest period...

Excerpt: ...nt. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of all Doe defendants and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. Plaintiff requests a slightly lower amount of principal damages than prayed for in the complaint, which is acceptable. Plaintiff explains that the contract existed o...

Excerpt: ...complaint for (1) discrimination, harassment, and retaliation on the basis of disability, sexual orientation, and sex, failure to accommodate disability, failure to engage in the interactive process, failure to prevent discrimination, and retaliation for complaining of disability, sexual orientation, and sex in violation of FEHA; (2) sexual harassment; (3) breach of express oral contract not to terminate employment without good cause; (4) breach ...

Excerpt: ...etition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name …. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” CCP § 128.7(a). Defendants' notice of motion is unsigned. Defendants are ORDERED to correct this defect by filing a notice of errata within five ...

Excerpt: ... filed this opposed petition to confirm arbitration award. Defendants' counsel should note that the Court prefers to receive such petitions on Judicial Council form ADR‐106. The Court's Authority to Confirm Arbitration Award: The parties to arbitration may petition the court to confirm, correct, or vacate the award. CCP § 1285. A petition to confirm an award must be served and filed not later than four years after the date of service of a sign...

Excerpt: ... liability. On November 14, 2016, La Puente (apparently the dba name for Crawford's Plaza LLC) filed a cross‐ complaint and on June 6, 2017, the operative first amended cross‐complaint against Kenson is for three counts of indemnity. On November 16, 2017, the Court denied Kenson's motion for judgment on the pleadings against Morales' complaint and La Puente's cross‐complaint. Kenson now brings this opposed motion for summary judgment or sum...

Excerpt: ...a total of $60,823.74. Procedural Requirements: On March 1, 2018, default was entered against the two named defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 10 and a proposed form of judgment on the appropriate Judicial Council form. Plaintiff's counsel signed a declaration of nonmilitary status. Plaintiff requests the same amount of principal dam...

Excerpt: ...amsung C&T America, Inc., and Amperex Technology Limited for damages, costs of suit, and interest based on allegations that defendants' conduct in manufacturing plaintiff's S7 Edge phone caused him injury when his phone battery exploded. 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, manufactur...

Excerpt: ...ompel Law's deposition. On March 1, 2018, the Court granted the ex parte motion, ordering Law to appear for deposition for two hours maximum and to produce documents on an unrelated inspection demand. On March 15, 2018, defendants deposed Law. During the deposition, Law was instructed by his counsel, asserting attorney‐client privilege, to not respond to certain questions relating to correspondence and communications he reviewed with plaintiff'...

Excerpt: ...lpractice arising from their initial handling of plaintiff's personal injury claim against Dollar Tree, but on March 2, 2018, he dismissed the Brown firm with prejudice. Plaintiff alleges that Dollar Tree allowed a delivery truck to park on the street in an unsafe manner, causing oncoming traffic to swerve around it. On February 9, 2016, a bus was traveling southbound on the street and swerved around the parked delivery truck, causing another veh...