Excerpt: ...ffs Cinco Corporation and Potato Corner International Inc. TENTATIVE RULING Moving Entities' request for judicial notice is GRANTED. The demurrers are SUSTAINED WITHOUT LEAVE as to Plaintiffs' ninth cause of action for specific performance and injunctive relief and tenth cause of action for rescission. Regarding the remaining causes of action challenged, the demurrers are OVERRULED. Summary of Case On December 18, 2018, Plaintiffs Cinco Corporati...

Excerpt: ...d Freidin-Sacks Inc. Money Purchase Pension Plan, Employee Benefit Plan sue Defendants Peter Mehrian, Renee Cohen, Effie Cohen, and multiple entities for the misuse of Plaintiffs' capital in the acquisition, management, and sale of residential and commercial real estate. In 2011, Plaintiff Cholodenko entered into an oral loan agreement that was “confirmed by numerous writings” with Defendants Mehrian and Cohen who misrepresented that they wer...

Excerpt: ...lication to compel Plaintiff Richard Grant's neuropsychological and neurological evaluations, for leave to augment expert designations, and to continue trial or for an order shortening time. Also, on December 4, 2018, Plaintiffs made an ex parte application for $44,750 in sanctions against PSI and its attorneys on the ground that PSI's ex parte application was made in bad faith, frivolous, and solely intended to cause delay. The court den...

Excerpt: ...tember 19, 2016 incident. On November 15, 2018, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication as to each cause of action. Apparently, on January 15, 2019, Plaintiff filed an opposition to the motion and dismissed his second cause of action for breach of mandatory duty and third cause of action for negligent infliction of emotional distress. The Court has no record of those filings. At the January 29, ...

Excerpt: ...ff filed a First Amended Complaint, removing the General Negligence claim against the City, but adding a claim for Dangerous Condition on Public Property under Cal. Gov. Code § 835 et seq. On July 12, 2018, the court granted the City leave to file a Cross-Complaint against Trimming Land—the contractor the City retained to provide landscaping, maintenance, pruning, tree care, and arborist services at the park. On July 13, 2018, the City filed a...

Excerpt: ...t with Plaintiff and a breakdown in the attorney-client relationship. Defendant moves for an order enforcing the agreement that Defendant pay $2,500.00 and that Plaintiff dismiss this action. Plaintiff filed no opposition. Code of Civil Procedure section 664.6 allows a court to enforce a settlement agreement if the agreement is in writing signed by the parties or made orally before the court. (Code Civ. Proc., § 664.6 [“If parties to pending l...

Excerpt: ...of the Complaint that allege alter ego and conspiracy.[1] 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. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disre...

Excerpt: ...emand for Production of Documents and Special Interrogatories. (Declaration of Arsalan Ibnalnasir, ¶ 5; Exhs. 3, 4.) On November 19, 2018, after receiving no responses, defense counsel sent a letter to Plaintiff's counsel seeking responses and apparently received no response to the letter. (Ibnalnasir Decl., ¶ 6.) Defendant then filed the Motions to compel. Where a party fails to serve timely responses to discovery requests, the court may make ...

Excerpt: ...mely opposition on January 18, 2019. II. FACTUAL BACKGROUND <00440057004c0051004a00 0037002a002c00030029[ridays restaurant in Woodland Hills, California. (Undisputed Material Fact “UMF” No. 1.) Plaintiff alleges the booth where she was seated was elevated by a step not readily apparent to the restaurant customers and had inadequate lighting, markings, or signs to warn customers of the elevation. (UMF No. 2.) As Plaintiff was exiting the booth...

Excerpt: ...te Asphalt as Roe 1. Negrete Asphalt filed its Answer on February 27, 2018. Trial in this matter is currently set for April 9, 2019. Negrete Asphalt moves to continue trial to June 4, 2019 so that its summary judgment motion can be heard on April 15, 2019. Plaintiffs do not oppose the continuance but say that June 4 conflicts with Plaintiff's counsel's schedule and ask that trial be continued to August 26, 2019. Plaintiff's counsel does not give ...

Excerpt: ...endant City of Burbank (the “City”), alleging (1) General Negligence; (2) Willful Failure to Warn; and (3) Premises Liability. On December 28, 2018, the City filed a demurrer to the entire Complaint on grounds that the first and second causes of action violate the California Tort Claims Act, and the third cause of action fails to state facts sufficient to constitute a cause of action against the City. Plaintiff had not filed an opposition as ...

Excerpt: ...5 automobile accident. Defendant moves to compel Plaintiff's responses to discovery requests, to compel Plaintiff's appearance at a deposition, for an order deeming admitted requests for admissions, and for monetary sanctions. Compel Responses Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healt...

Excerpt: ...January 4, 2018, Plaintiff filed a First Amended Complaint dismissing MRC Global as a defendant. Plaintiff served a deposition subpoena on Dan Adams (“Adams”), Defendant's former supervisor at MRC Global. MRC Global moves to quash the deposition subpoena on grounds Adams has no knowledge relevant to this action. A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition...

Excerpt: ...June 16, 2017. Defendant Chicas moves to strike punitive damages from the complaint. The court notes that counsels' declaration satisfies the meet and confer requirement under CCP § 435.5(a)(3). (Giudice-Hu Decl. ¶¶ 2.) Civil Code § 3294 authorizes the recovery of punitive damages in non-contract cases where “the defendant has been guilty of oppression, fraud, or malice . . . .” The court in Taylor v. Superior Court (1979) 24 Cal.3d 890, ...

Excerpt: ...County and to strike portions of the Complaint. “Generally, the filing of a motion for change of venue operates as a supersedeas or stay of proceedings, and the court cannot rule on other substantive issues while the motion for change of venue is pending.” (Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1303-1304; Moore v. Powell (1977) 70 Cal.App.3d 583, 587 [“It has been stated that the filing of the motion ‘suspends the power of the tr...

Excerpt: ...December 11, 2014. On November 7, 2016, plaintiff filed an amendment designating Ned Pan, Inc. as Doe 1. On October 5, 2017, plaintiff filed an amendment designating Hollywood Historic Trust as Doe 2. Trial is set for April 23, 2019. Defendant Ned Pan, Inc. (“defendant”) requests an order compelling plaintiff to appear for deposition because plaintiff refused to answer certain questions and plaintiff's counsel suspended the deposition. The co...

Excerpt: ...aims of injuries to her neck, back, and jaw, including jaw pain and jaw dislocation, and dental charges of $81,024.70. (Declaration of Tod M. Castronovo, ¶ 4.) Plaintiff's dental insurance is New York Police Department Patrolmen's Benevolent Association (“NYPD-PBA”) and Plaintiff's health insurer is the City of New York Health Benefits Program (“NY Health Benefits”). (Castronovo Decl., ¶ 5.) Defendant contends Plaintiff revealed in a he...

Excerpt: ...rver to forward to the Central Authority in Germany any and all documents to be served in this case. Where a defendant resides in a foreign country which is a signatory of the Hague Convention, plaintiff is required to show that service on that defendant comports with the Hague Convention or a proper basis for why the Hague Convention does not apply. (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1160.) In all cases where the Hague Convention applies...

Excerpt: ... 2015, she slipped and fell on a defective carpet while attending an event from the Greater Zion Church. On November 29, 2018, Defendants Compton Communality College District (“Compton College”) and El Camino Community College District (“El Camino College”) filed this motion for leave to file a cross-complaint against co-defendant Greater Zion Church (“Church”) for: C/A 1: By Cross-Complainants against Church for Equitable Indemnity C...

Excerpt: ...2018, Plaintiff filed the operative Complaint against Defendant asserting claims for: (1) Medical Battery; (2) Intentional Infliction of Emotional Distress; (3) Assault; (4) Professional Negligence; (5) Breach of Fiduciary Duty; and (6) Lack of Informed Consent. Defendant filed the instant Demurrer on December 11, 2018 on grounds that the first, second, third, and fifth causes of action fail to state facts sufficient to constitute causes of actio...

Excerpt: ...tive form Complaint, asserting claims for motor vehicle and general negligence. On December 3, 2018, Defendant EAN filed the instant Demurrer to the Complaint on grounds that Plaintiffs fail to state facts sufficient to constitute causes of action; and that under Federal law, a rental car company and its affiliates cannot be held vicariously liable for the negligent acts of its customers. Plaintiffs have not filed as opposition as of January 16, ...

Excerpt: ...espondent Twenty-First Century Insurance Company (“Respondent”). Claimant seeks to compel Respondent's responses to written discovery, to deem admitted requests for admissions, and monetary sanctions. The California Insurance Code requires an insurer to provide uninsured motorists coverage in each bodily lability insurance policy it issues covering liability arising out of the ownership, maintenance, or use of a motor vehicle. (Ins. Code., §...