Excerpt: ...NG Defendants Paramount Pictures Corporation, and Warner Bros. Pictures, a Division of WB Studio Enterprise Inc.'s demurrer to the First Amended Complaint is OVERRULED as to the third cause of action. Defendants are to answer the First Amended Complaint within 10 days. ANALYSIS Demurrer Meet and Confer The Declaration of David L. Burg reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussio...

Excerpt: ... Health Center's demurrer to the Second Amended Complaint is OVERRULED as to the eighth cause of action. Plaintiff is to answer the Second Amended Complaint within 10 days. ANALYSIS Demurrer Meet and Confer The Declaration of Andrew K. Whitman reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion Defendant Gateways Hospital and Mental Health Center demurs to the Second Amended Complaint...

Excerpt: ...her son, co-Defendant J. Park. Defendant Hyun Myung Park demurs to the Complaint. TENTATIVE RULING Defendant Hyun Myung Park's demurrer to the first through eighth causes of action is SUSTAINED with leave to amend. Plaintiff is given 30 days' leave to amend. ANALYSIS: Demurrer Meet and Confer The form Declaration of Jamie Kim reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion 1. Firs...

Excerpt: ...Defendant Adriano Lecaros' anti-SLAPP special motion to strike is GRANTED as to the first and third causes of action. Defendant may bring a noticed motion for attorney's fees and costs. ANALYSIS Anti‐SLAPP Special Motion To Strike Plaintiffs' request that the Court take judicial notice of court documents regarding the requests for temporary restraining orders is GRANTED per Evid. Code § 452(d) (court records). Discussion Defendant Adriano Leca...

Excerpt: ...nd Carmina Arreguin aka Carmina Estrada Arreguin moves to compel the deposition of Defendant's person most knowledgeable and custodian of records is GRANTED. However, no order compelling production of documents will issue. Nonetheless, Defendant is expected to cooperate with Plaintiff's deposition requests and produce responsive documents. Plaintiffs' request for sanctions against Defendant and its counsel of record, SJL Law LLP, is GRANTED in th...

Excerpt: ...mmary adjudication is GRANTED as to Issue No. 1 re: the first cause of action and Issue No. 2 re: the third cause of action. ANALYSIS Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) The plaintiffs' July 10, 2018, complaint filed in this action; (2) The fact that the City of The City of Los Angeles is governed by the 15-member Los Angeles City Council; (3) The fact that in August 2017, the L...

Excerpt: ...nterest and company records. Defendants also claim that Plaintiff will have forfeited his ownership interest in the LLC if he prevails in his arbitration against Defendants for unpaid wages and other employment claims related to Plaintiff's past employment with Advisors LLP. Plaintiff seeks to dissolve the LLC and brings related causes of action to ascertain the scope of investments made by the LLC, cash on hand, the overall value of Plaintiff's ...

Excerpt: ...fter discovery cut-off and before trial resumes for the sole purpose of compelling the depositions of trial witnesses that were not disclosed by Cross-Defendants through written discovery. TENTATIVE RULING Defendant/Cross‐Complainant 611 Catalina Building, LLC's motion to reopen discovery is DENIED. Plaintiffs/Cross‐Defendants' request for sanctions against Defendant/Cross‐Complainant and its counsel is GRANTED in the reduced amount of $1,8...

Excerpt: ...ntend that Defendant is stealing thousands of gallons of water a day from Plaintiffs and has seriously damaged and diminished the value of Plaintiffs' property. Defendant allegedly managed and controlled the development and construction of the lagoon and spillway from California. Defendant Johnson Q. Ong moves to quash the service of summons. TENTATIVE RULING Defendant Johnson Q. Ong's motion to quash the service of summons on Johnson Q. Ong is G...

Excerpt: ...4.) ANALYSIS Motion To Compel Arbitration and Stay Action Defendant Hyundai Motor America moves to compel arbitration and to stay this action. 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 contract. (Blake v. Ecker (2001) 93 Cal.App.4th 728, 741 overruled on other grounds by Le Francois v. Goel (2005) 35 Cal.4 th 1094.) A party pe...

Excerpt: ... the Court whether the lodged record is to be filed unsealed, otherwise, the lodged record will be returned to Plaintiff. ANALYSIS Motion To Seal Plaintiff moves to seal the following documents filed in support of the motion for summary judgment: (1) page 3, lines 12-15, page 6, lines 16-25, page 7, lines 9-10, and page 11, line 22 through page 12, line 3 of the Memorandum of Points and Authorities; (2) ¿ 15 and the second sentence of ¿17 of th...

Excerpt: ... Plaintiff/Cross‐Defendant's demurrer to the Cross‐Complaint is SUSTAINED with leave to amend as to the first, third and fourth causes of action, and OVERRULED as to the second cause of action. Cross‐Defendant's request for sanctions in the amount of $3,600 pursuant to CCP 128.7 is DENIED. Cross‐Complainant is given 30 days' leave to amend. However, Defendant Shemtoub must bring a noticed‐motion for leave to file a cross‐complaint, as...

Excerpt: ...s such, the motion for summary judgment is GRANTED. Motion For Summary Adjudication 1. ISSUE NO. 1‐ Plaintiff Has Established a Cause of Action for Open Book. Account (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to ju...

Excerpt: ...erein as The Standard Oil Investment Group demur to the First Amended Complaint. TENTATIVE RULING Defendant Edenrock/444 Ocean, LLC's demurrer to the First Amended Complaint is OVERRULED as to the fourth through seventh causes of action, and the motion to strike is DENIED in its entirety. Defendants GC & Management, Inc., erroneously sued herein as The Standard Oil Realty, and Prime Management and Development, LLC, erroneously sued herein as The ...

Excerpt: ...Complaint. The Court continued the hearing on this motion for supplemental briefing. TENTATIVE RULING Defendant Dr. Donald Davidson's anti‐SLAPP special motion to strike is GRANTED without leave to amend as to the twelfth cause of action to the extent it is based on paragraphs 61.a, b, c, e, n, q, and paragraphs 63 t, u, v, w, z, gg, and ii The special motion to strike is DENIED as to the thirteenth cause of action in its entirety. The special ...

Excerpt: ...and the requested amount of $291.79 in costs. ANALYSIS Motion For Attorneys' Fees and Costs The parties settled this lawsuit. The Court denied Plaintiff's motion for attorney's fees and costs as untimely. Defendant now moves for attorney's fees and costs pursuant to the terms contained in section J of the Confidential Settlement Agreement entered into by Plaintiffs and BMW NA, Code and CCP § 664.6. Defendant argues that, by virtue of this Court'...

Excerpt: ..., LLC's motion to sever and bifurcate is GRANTED IN PART. The Bus. & Prof. Code § 17200 claim will be tried by the Court after the jury reaches its verdict on the other causes of action. ANALYSIS Motion To Bifurcate Plaintiff moves for an order severing/bifurcating Plaintiff's third cause of action for violation of Business & Professions Code § 17200 claim first, before the remaining causes of action are presented to a jury. The Court has the d...

Excerpt: ...efendant's motion to strike ¶ 94, Page 20 is MOOT given the ruling on the demurrer. Defendant's motion to strike Page 24, line 19, Prayer h (punitive damages) is GRANTED with leave to amend. Plaintiffs are given 30 days' leave to amend. ANALYSIS: Demurrer Meet and Confer The Declaration of Michael Chung reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion 1. Third Cause of Action (Vio...

Excerpt: ...tervene. TENTATIVE RULING Prospective Intervenor Employee Justice Legal Group PC's motion for leave to intervene is GRANTED. The Proposed Complaint In Intervention is deemed to be filed and served as of the date of this order. Motion For Leave To Intervene Plaintiff's former attorneys Prospective Intervenor Employee Justice Legal Group PC move for leave to intervene to bring a motion to collect attorneys' fees and costs from Defendant based upon ...

Excerpt: ... OVERRULED as to the third and fourth causes of action. The motion to strike ¶ 40 and Prayer, ¶ 3 re: punitive damages is DENIED. Given the ruling on the demurrer, there are sufficient facts pled against moving Defendant to constitute fraud, as that terms is defined in Civil Code § 3294(c)(3). The motion to strike the attorney's fees allegations at ¶ 10 and Prayer, ¶ 5 is GRANTED without leave to amend. Defendant is ordered to answer the rem...

Excerpt: ...this action pending arbitration. 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 contract. (Blake v. Ecker (2001) 93 Cal.App.4th 728, 741 overruled on other grounds by Le Francois v. Goel (2005) 35 Cal.4 th 1094.) A party petitioning to compel arbitration has the burden of establishing the existence of a valid agreement to arbitrate...

Excerpt: ...Plaintiff is given 30 days leave to amend. This will be Plaintiff's final opportunity to amend. Motion To Strike Meet and Confer The Declaration of Lauren H. Geiser reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 435.5. Discussion The Court addresses the motion to strike first. Defendant moves to strike the entire Second Amended Complaint as untimely filed. The basis for this motion is that, followi...

Excerpt: ...that Plaintiff Herscu created a nuisance by interfering with development and sale of WPG's property and trespassed upon WPG's property via construction and failure to maintain vines. Defendant Dean Hallo General Contractor, Inc. filed a Cross-Complaint for indemnity against WPG. Plaintiff/Cross-Defendant Robert Herscu, as Trustee of the Herscu Administrative Trust Dated March 12, 2014 moves for an order requesting that the Los Angeles Department ...

Excerpt: ...the Prayer, Paragraph E, Page 22:15 (punitive damages) is GRANTED without leave to amend. Defendant is to answer the remaining allegations of the Second Amended Complaint within 10 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Cameron Major reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion 1. Third Cause of Action (Fraudulent Inducement—Concealment). A. Re: Failure...

Excerpt: ...ved as CGI Strategies) demur to the First Amended Complaint and move to strike portions thereof. TENTATIVE RULING Defendants Los Feliz Bliss, LLC, Gidi Cohen Enterprises dba GC Enterprises (erroneously sued and served as Gidi Cohen Enterprises Inc.), Gidi Cohen, and CG Investments, LLC dba CGI Strategies In Real Estate (erroneously sued and served as CGI Strategies)'s demurrer to the First Amended Complaint is OVERRULED as to the second cause of ...

Excerpt: ...ction is GRANTED. ANALYSIS Motion To Compel Arbitration and Stay Action Discussion Existence of Arbitration Agreement Defendants Cook Collision and Cooks Collision, Inc. move to compel arbitration and to stay the action pending completion of arbitration. California favors arbitration. (Haworth v. Superior Court (2010) 50 Cal.4 th 372, 380.) CCP §1281.2 provides: On petition of a party to an arbitration agreement alleging the existence of a writt...

Excerpt: ...on (Failure to Pay Wages Due—Labor Dode §§ 201, 1182.12, 1194, 1194.2); Second Cause of Action (Failure To Provide Rest Breaks—Labor Code § 226.7); Third Cause of Action (Failure To Provide Itemized Wage and Hour Statements—Labor Code §§ 226 et seq.); Fourth Cause of Action (Waiting Time Penalties—Labor Code §§ 201-203); Fifth Cause of Action (Unfair Competition— Business and Professions Code §§ 17200, et seq.) Defendant Sincer...

Excerpt: ...iled a Cross- Complaint alleging that a third party—Cross-Defendant Meditab, an electronic medical records (“EMR”) software maker—whom Cross-Complainant Rose hired to provide administrative services, allegedly diverted Rose's patients and misappropriated his ownership and/or beneficial interest in the Plaintiff entities. Rose alleges that Cross-Defendants falsely told him that if he turned over control of his exclusive health insurance co...

Excerpt: ...strative fees and loaner fees in excess of $2,000 a month, which Plaintiff has paid out-of-pocket. Defendant Farmers Insurance Exchange (erroneously sued as Farmers Insurance) demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant Farmers Insurance Exchange's demurrer to the Complaint is SUSTAINED without leave to amend as to the first and fifth causes of action, OVERRULED as to the second cause of action, and SU...

Excerpt: ...Donovan demur to the First Amended Complaint. TENTATIVE RULING Defendants City of El Segundo and Fire Chief Chris Donovan's demurrer to the First Amended Complaint is OVERRULED in the first, third and fourth causes of action and SUSTAINED without leave to amend as to the second cause of action, Defendants City of El Segundo and Fire Chief Chris Donovan are ordered to answer the remaining allegations in the First Amended Complaint within 10 days. ...

Excerpt: ...LLC (formerly known as Miller Coors USA LLC); Cullen Jordan and Tamara Orozco demur to the First Amended Complaint and move to strike portions thereof. Specially-appearing Defendant Molson Coors Beverage Company filed a notice of joinder in the demurrer and motion to strike. TENTATIVE RULING The hearing on Defendant Molson Coors Beverage Company's motion to quash service of summons for lack of personal jurisdiction is CONTINUED to October 21, 202...

Excerpt: ...plaint. Plaintiff moves for summary adjudication as to the Third Amended Complaint TENTATIVE RULING Defendants Action Sales and Metal Company, Inc. and Bruce Falk's motion for summary adjudication as to Issue No. 1 re: the eighth cause of action, first sub‐cause of action, for PAGA penalties under Labor Code § 210 for violation of Labor Code § 204 is GRANTED. Defendants' motion for summary as to Issue No. 2 re: the eighth cause of action, sec...

Excerpt: ...dings pending the conclusion of any criminal proceedings against Duong, or the expiration of the relevant statute of limitations is DENIED. DISCUSSION: Motion To Stay Proceedings Request For Judicial Notice Defendants request that the Court take judicial notice of the following: California Bureau of Cannabis Control Search Warrant, Notice of Service, issued on May 14, 2021 by Hon. Judge Wagner of the Superior Court of California, County of Orange...

Excerpt: ...o amend as to the eighth cause of action. Defendant's motion to strike ¶ 60 is MOOT due to the ruling on the demurrer. The motion to strike the punitive damage allegations at ¶ 52 and Prayer, ¶ 5 is GRANTED with leave to amend. Plaintiff is given 30 days leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of Steven R. Yee reflects that Plaintiff's counsel did not respond to meet and confer efforts. This satisfies CCP § 430.41(a)...

Excerpt: ...ich judgment was entered, but which has not been paid. Plaintiff now brings this action against Defendant Imperial Capital for intentional interference with contractual relations. Defendant demurs to the First Amended Complaint. TENTATIVE RULING Defendant Imperial Capital, LLC's demurrer to the First Amended Complaint is OVERRULED as to the first through third causes of action. Defendant is ordered to answer the First Amended Complaint within 10 ...

Excerpt: ...uiet enjoyment of Palazzo East. Defendant Meir Gabsu moves for summary judgment. TENTATIVE RULING Defendant Meir Gabsu's motion for summary judgment is DENIED. ANALYSIS Plaintiff's Evidentiary Objections Pursuant to CCP § 437c(q), the Court only rules upon the following objections to evidence which the Court deems to be material to the disposition of this motion: Defendant's Exhibits Nos. 6 – 17, 19, 20, 22, 24, 26 – 38: OVERRULED. The lack ...

Excerpt: ...ruction and defective workmanship regarding fire damage renovation, repairs and improvement at Cross-Complainant's property. Cross-Complainant also alleges misrepresentations made during solicitation of the contract regarding the completion time and costs and permits for the work. Plaintiff/Cross-Defendant seeks leave to file a Cross-Complaint against the implicated subcontractors that performed the work at the property. TENTATIVE RULING Cross‐...

Excerpt: ...ED with leave to the seventh, sixteenth, twenty‐first, twenty‐fourth, and twenty‐seventh affirmative defenses and SUSTAINED without leave to amend as to the eighth, ninth, fifteenth, twenty‐second, and twenty‐ eighth affirmative defenses. Where granted, Defendant is given 30 days leave to amend. ANALYSIS Demurrer To Answer Meet and Confer The Declaration of John L. Schwab reflects that Plaintiff complied with the meet and confer require...

Excerpt: ...da Motor Co., Inc.'s y, the demurrer to the sixth cause of action is SUSTAINED without leave to amend. The motion to strike the allegations at Page 17, lines 23-24, Page 18, lines 13-15, Page 18, lines 16- 17, and Page 18, lines 22-23 is MOOT by virtue of the ruling on the demurrer. The motion to strike Page 2, lines 8‐9: “Defendant's and/or” is DENIED. The motion to strike Page 2, lines 25, footnote 1: “Defendant had a duty to disclose t...

Excerpt: ...at Plaintiff Herscu created a nuisance by interfering with development and sale of WPG's property and trespassed upon WPG's property via construction and failure to maintain vines. Defendant Dean Hallo General Contractor, Inc. filed a Cross-Complaint for indemnity against WPG. Plaintiff/Cross-Defendant Robert Herscu, as Trustee of the Herscu Administrative Trust Dated March 12, 2014 moves for an order requesting that the Los Angeles Department of...

Excerpt: ...iff must pay an additional $420 in filing fees (7 x $60) as this should have been brought as 8 separate motions. Plaintiff Joseph Martin Fredrics, by and through his Successor In Interest, Sheila Fredrics's motion to quash is GRANTED in its entirety. Defendants may serve revised business record subpoenas which narrow the scope of the documents requested in accordance with the foregoing discussion. Moving party did not request sanctions. ANALYSIS ...

Excerpt: ... Plaintiffs' counter‐request for sanctions is DENIED. ANALYSIS Motion For Protective Order Request For Judicial Notice Defendants request that the Court take judicial notice of the following: (1) Court's November 13, 2020 Order; (2) Complaint; (3) First Amended Complaint; (4) Plaintiffs' PAGA letter, Exh. A of Plaintiffs' Opposition to CCO's demurrer to the First Amended Complaint; (5) Exhs. 4-10, attached to CCO's demurrer of 10/12/20. Request...

Excerpt: ...uld develop real properties. Plaintiff/Cross-Defendant Monrovia Villas, LLC and Cross-Defendant David Zaslow moves for an order compelling non-party Fundrise Lending, LLC to produce materials pursuant to the deposition subpoena for business records. TENTATIVE RULING Plaintiff/Cross‐Defendant Monrovia Villas, LLC and Cross‐Defendant David Zaslow's hearing on the motion to compel compliance with the business records deposition subpoena is CONTI...

Excerpt: ...hird cause of action. Defendant is ordered to answer the First Amended Complaint within 10 days. ANALYSIS Demurrer Meet and Confer The Declaration of Bruce T. Smyth reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Discussion Defendant Murray Gardner Insurance Agency, Inc. dba BMR Insurance Agency (hereinafter, “BMR”) demurs to the First Amended Complaint on the following grounds. 1. Third...

Excerpt: ...aintiff for Defendant's management of Plaintiff's real property. Further, Defendant has opened up credit card accounts in Plaintiff's name with Plaintiff's consent for use exclusively with partnership business, but instead Defendant charged items to his personal use, but has refused to pay Plaintiff for these expenses. Defendant has also opened upon a credit account and lines of credit in Plaintiff's name without Plaintiff's authorization and mad...

Excerpt: ... Management Group, Daniel Sloan, Gonzalo Olmedo d/b/a Olmedo's Construction, Business Alliance Insurance Company move for a protective order. TENTATIVE RULING The parties are ordered to engage in further meet and confer efforts. The parties are to identify the issues to be litigated in this litigation, both by way of summary judgment and at trial, and how the discovery propounded by Plaintiffs is or is not duplicative in light of responses alread...

Excerpt: ... in retaliation for her complaints about being misclassified, and interference with contractual relations. Defendant Newfront Insurance Services filed a Cross-Complaint alleging that Plaintiff Paramount Exclusive Insurance Services, Inc. retaliated against Newfront for hiring Cabir after she was terminated by Plaintiff by inducing carriers to breach their existing contracts with Newfront, and inducing other carriers to refuse Broker of Record let...

Excerpt: ...TIVE RULING Defendants New Line Productions, Inc., Paramount Pictures Corporation, and Warner Bros. Pictures, a Division of WB Studio Enterprise Inc.'s demurrer to the Complaint is SUSTAINED with leave to amend as to the third cause of action and OVERRULED as to the fourth cause of action. Plaintiffs are given 30 days leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of David L. Burg reflects that Defendant's counsel satisfied the...

Excerpt: ...dice. Plaintiff Sasha Yadidi's request for entry of judgment against Defendant Michael Shemtoub is DENIED without prejudice. The First Amended Complaint did not set forth the principal amount demanded. Accordingly, the Court cannot award any damages to Plaintiff. Plaintiff must either (1) seek leave to file a Second Amended Complaint which sets forth the principal amount of damages to be awarded and obtain entry of default as to the Second Amende...

Excerpt: ... of the discovery process and continuing failure to abide by the Court's discovery orders. TENTATIVE RULING Defendant The Platinum Associates, LLC's motion for terminating sanctions is GRANTED. Plaintiff Taylor Amanda Thomas' Complaint is dismissed with prejudice as against Defendant The Platinum Associates, LLC. Defendant's request for sanctions against Defendant Taylor Amanda Thomas is GRANTED in the reduced amount of $200. Sanctions are to be ...