Excerpt: ...fendants Huntington Pacific Insurance Agency and Mark David Heberden's motion for summary judgment is DENIED. Defendants' alternative motion for summary adjudication is DENIED as to Issue No. 1 re: the first cause of action, Issue No. 2 re: the second cause of action, Issue No. 3 re: the third cause of action, Issue No. 4 re: the fourth cause of action, Issue No. 5 re: the fifth cause of action and Issue No. 6 re: the sixth cause of action. The m...

Excerpt: ...ing the PMQ to produce, at deposition, all documents responsive to the Notice of Deposition; and (3) awarding sanctions as permitted by law, up to and including issue, evidentiary, and terminating sanctions. TENTATIVE RULING Plaintiff Irma Menendez's motion to compel the deposition of Defendant U.S. Bancorp dba US Bank's person most qualified is DENIED. The parties are to meet and confer regarding an alternative deposition date and Plaintiff may ...

Excerpt: ...at Beats owes Monster sums under the Distribution Agreement, the Termination Agreement, the Royalty Agreement, and the Sales Representative Agreement between the parties. Defendants/Cross-Complainants Monster, LLC, Monster, Inc., Monster Technology International and Monster Cable International move to bifurcate contract interpretation issues for determination by the Court and to seal excerpts of the memorandum of law pertaining to this motion. Pl...

Excerpt: ...iff moves for leave to file a Second Amended Complaint. TENTATIVE RULING The motion for summary adjudication as to Issues Nos. 1, 2 and 3 re: the tenth cause of action is DENIED. The motion for summary adjudication as to Issues Nos. 4 and 5 re: the eleventh cause of action is DENIED, but the motion for summary adjudication as to Issues Nos. 6 and 7 re: the eleventh cause of action is GRANTED. The motion for summary adjudication as to Issues Nos. ...

Excerpt: ...os Angeles County Criminal Court Case No. BA476023. The ground for this motion is “that good cause exists for a Stay of all proceedings because a temporary stay is warranted to protect the integrity of a current, ongoing criminal proceeding from civil discovery and proceedings that would interfere with and compromise the prosecution's case.” Notice of Motion, Page 1:26-28. “Trial courts generally have the inherent power to stay proceedings ...

Excerpt: ...G The motion is DENIED. BACKGROUND On January 3, 2020, Oscar Torres filed a complaint against General Motors, LLC for violation of statutory obligations. LEGAL AUTHORITY “Venue, the county in which an action takes place, is statutorily governed by the type or form of the particular action. [Citation omitted.] ‘Venue is determined based on the complaint on file at the time the motion to change venue is made.' [Citations.] (Brown v. Superior Co...

Excerpt: ...on on the date noticed, and would not agree to a date for the deposition to be reset. CCP § 2025.450 provides: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or ...

Excerpt: ... Defendants argue that adjudication of the affirmative defense based on the application of the applicable statute of limitations could potentially dispose of the need to litigate any other issues in this case or, at a minimum, significantly reduce the issues remaining to be tried. The Court has the discretion to order bifurcation in furtherance of convenience, the ends of justice, the economy and efficiency of handling the litigation, or to avoid...

Excerpt: ... Inc. Motion for Determination of Good Faith Settlement The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court ORDERS that in this action, all present claims and cross- complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on comparative negligence or comparative fault against CPRI be and are dis...

Excerpt: ...INED. In this regard, the Court also notes that Plaintiff filed a Second Amended Complaint on October 11, 2019 which did not include exhibits, then filed a “Second” (actually Third) Amended Complaint on October 18, 2019, which did include exhibits. This Second (actually Third) Amended Complaint was filed without leave of Court in violation of CCP § 472(a). Accordingly, the “Second” Amended Complaint filed on October 18, 2019 is ordered s...

Excerpt: ...14-00458130-CU-OR- VTA is GRANTED per Evid. Code § 452(d)(court records). Discussion Defendant Law Offices of Martin D. Gross, a Professional Corporation (erroneously sued and served as Martin D. Gross dba Law Offices of Martin D. Gross) demurs to the First Amended Complaint (“1AC”) on the following grounds: 1. Entire First Amended Complaint[1]. Defendant argues that Plaintiffs lack standing as to the entire 1AC because they are not the real...

Excerpt: ...Bernstein, Trustee of the Jessica Bernstein Trust dated June 20, 2009 demur to the Second Amended Complaint (“2AC”). 1. First Cause of Action (Common Counts—Services Rendered). A. Re: Failure To State A Cause of Action. Defendants Harvey L. Bernstein and Edith Lee Ann Clark, Trustees of the Harvey L. Bernstein and Edith Lee Anne Clark Living Trust dated October 11, 2006, and Jessica Bernstein, Trustee of the Jessica Bernstein Trust dated Ju...

Excerpt: ...l.4 th 1094). 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 necessary to its defense. Banner Entertainment, Inc. v. Superior Court (1998) 62 Cal.App.4th 348, 356-57. Defendants argue that the subject arbitration agreement is governed by the Federal Arbitration Act be...

Excerpt: ... documents. Plaintiff characterizes McWhorter as a percipient witness, whose testimony is required as to whether GM complied with its obligation to perform a good faith evaluation of Plaintiff's complaints and buyback request. Defendant has refused to produce McWhorter for deposition and produce the requested documents. CCP § 2025.450 provides in pertinent part: (a) If, after service of a deposition notice, a party to the action or an officer, d...

Excerpt: ...mplaint (“1AC”). 1. First Cause of Action (Intentional Interference with Expectation of Inheritance). A. Re: This Cause of Action Is Only Permitted In Narrow Circumstances, Which Are Not Present Here. Defendant argues that, because Plaintiff has an adequate remedy in probate court, she cannot state a cause of action in civil court. However, in setting forth the elements of the then-newly-recognized cause of action for intentional interference...

Excerpt: ...y of San Diego pursuant to CCP §§ 395, 396(b), 397(a) and 397(c). The basis for this motion is that this action was commenced in a court other than that designated as the proper court for trial thereof or, alternatively, that “the convenience of all parties and witnesses would be served best if the matter were transferred to the San Diego County Courts.” Notice of motion, Page 2:15-16. Re: Waiver. Plaintiff argues that Defendants waived the...

Excerpt: ...relieved as counsel for Defendants Avent Law Group, Inc. and Juan Torres. California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051); Motion to Be Relieved as Counsel--Civil (form MC-052); and Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053). See CRC Rul...

Excerpt: ...of $17,000.00 in attorney fees, and the amount of $2,575.30 in costs. ANALYSIS Motion For Attorneys' Fees Attorney Fees The parties settled this lawsuit, and Plaintiff now seeks an award of attorney's fees in the amount of $29,770.00 plus a lodestar multiplier of 0.1 in the amount of $2,977.00 for a total of $32,747.00 and costs of $2,575.30. Plaintiff brought causes of action pursuant to the Song-Beverly Act, Civil Code § 1790, et seq. § 1794(...

Excerpt: ...s senior repurchase reviewer Dave McWhorter, with production of documents. Plaintiff characterizes McWhorter as a percipient witness, whose testimony is required as to whether GM complied with its obligation to perform a good faith evaluation of Plaintiff's complaints and buyback request. Defendant has refused to produce McWhorter for deposition and produce the requested documents. CCP § 2025.450 provides in pertinent part: (a) If, after service...

Excerpt: ...s for obtaining these materials is through a Pitchess motion. (County of Los Angeles v. Superior Court (1990) 219 Cal.App.3d 1605, 1611.) A Pitchess motion shall (1) identify the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the governmental agency which has custody and control of the record, and the time and place at which the motion for ...

Excerpt: ..., 2019, Plaintiff Taranom Hayesfiled this lawsuit against General Motors LLC, Martin Automotive Group, Casa de Cadillac, Beverly Hills C Property LLC, and Martin Cadillac (Doe 1) for claims arising from Plaintiff's lease of a 2016 Cadillac Escalade: C/A 1: Violation of Civil Code § 1793.2 (d) C/A 2: Violation of Civil Code § 1793.2(b) C/A 3: Violation of Civil Code § 1793.2 (a)(3) C/A 4: Breach of Express Written Warranty C/A 5: Breach of the ...

Excerpt: ...afety regulations. Defendant Aerovironment is a defense contractor and leading manufacturer of small, weaponized unmanned aircraft systems or “drones.” In 2017, AeroVironment gained notoriety for its “Switchblade” explosive-bearing drone that is substantially smaller than most other unmanned weaponized aircrafts (it weighs approximately 5.5 pounds, with a length and width of approximately 2 feet). In October 2007, AeroVironment hired Plai...

Excerpt: ...crimination, and retaliation on the basis of sex, including gender identity and gender expression, and related claims. Defendants Forever 21, Inc. and Forever 21 Retail, Inc. move to compel arbitration and to dismiss or stay the action. TENTATIVE RULING: Defendants Forever 21, Inc. and Forever 21 Retail, Inc.'s motion to compel arbitration and to dismiss or stay the action is GRANTED. The action is stayed pending conclusion of the arbitration as ...

Excerpt: ... judicial notice is GRANTED as to exhibits 1, 4, and 5. -Defendant's request is DENIED as to exhibits 2 and 3. -Plaintiff's request for judicial notice of exhibit A is GRANTED. -Defendant's evidentiary objections (1-3) are OVERRULED. Summary of Case This is a legal malpractice action. On May 15, 2017, Plaintiff Alona Sudorzhenko retained Defendant Yousef Monadjemi to represent her as her attorney to effectuate and accomplish a buyout of the tenan...

Excerpt: ...became upset and called security. Dodgers private security came to the seats and asked Vanessa Gonzales to go with them. Plaintiff went with Ms. Gonzales to the concourse. While standing in the concourse with security, Plaintiff stated he had to use the restroom that was approximately 15-feet away. Dodger security told Plaintiff he had to use the men's room approximately 300 feet down the concourse. Because Plaintiff had to use the restroom urgen...