Excerpt: ...nform the other side of the objection within four hours of receiving the evidence or materials, and the parties are then to meet and confer to resolve the objections. Any remaining objections may be made to the Court the morning before opening statements. The motion is DENIED. Plaintiff's MIL No. 2 Plaintiff Silva Atwater seeks at least two hours of voir dire. The Court will determine the necessary voir dire at the Final Status Conference. The mo...

Excerpt: ...16 (“anti-SLAPP motion”) as to the first through fourth causes of action. Cross-Complainant appealed; the Court of Appeal reversed and awarded Cross-Complainant his costs on appeal. Remittitur issued on November 10, 2020. On December 21, 2020, Cross-Complainant filed a memorandum of costs on appeal and a motion for attorney fees and costs, and on January 8, 2021, he refiled the memorandum of costs and motion. Cross-Complainant seeks $57,300.3...

Excerpt: ...ndant's care. Plaintiffs allege three causes of action: (1) elder abuse; (2) violation of resident's rights under Health & Safety Code § 1430, subdivision (b); and (3) wrongful death. On December 1, 2020, Defendant filed a demurrer and motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations ...

Excerpt: ...d FCA's motion to compel arbitration and stayed the action pending completion of arbitration. On February 9, 2021, Plaintiff filed this petition to appoint an arbitrator. OBJECTION TO REPLY FCA objects to and moves to strike Plaintiff's reply on the grounds that a reply to a petition is not permitted under Code of Civil Procedure sections 1290 et seq. The objection is sustained. DISCUSSION If an arbitration agreement provides a method for appoint...

Excerpt: ... the alternative, summary adjudication. EVIDENTIARY OBJECTIONS BRU's Objection Nos. 2-7, 11-13 to the Chan Declaration are granted on relevance grounds. Otherwise the objections are overruled. BRU's Objection Nos. 4-11 to the Abrolat Declaration are granted on relevance grounds. Otherwise the objections are overruled. REQUEST FOR JUDICIAL NOTICE BRU's request for judicial notice of the California Unemployment Insurance Appeals Board Decision in M...

Excerpt: ...ction against Ms. Hwang. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complaint and incorporated by reference. (See Frantz v. ...

Excerpt: ...tore owned, operated, and managed by 7-Eleven and the Franchisee Defendants, physically assaulted and unlawfully shot him. (FAC ¶¶ 1, 12-13, 29-30.) Plaintiff brings causes of action for negligence – premises liability and negligent hiring, retention, and supervision against 7-Eleven and the Franchisee Defendants. On January 5, 2021, 7-Eleven and the Franchisee Defendants filed nearly identical motions to strike four portions of the FAC relat...

Excerpt: ...ing the completion of arbitration. LEGAL STANDARD When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers objections to its en...

Excerpt: ...ile a second amended complaint, amending claims against Defendant pursuant to their settlement in principle. Plaintiff filed its second amended complaint on January 11, 2021. On December 18, 2020, Plaintiff filed this motion to approve a consent judgment entered into with Defendant. Plaintiff asserts that the consent judgment is fair and reasonable to the parties, is in the interest of and provides a benefit to the general public, has been submit...

Excerpt: ... Pay Rest Period Compensation (Cal. Lab. Code section 226.7);  Failure to Furnish Accurate Wage and Hour Statements (Cal. Lab. Code section 226);  Failure to Pay Wages Upon Discharge (Cal. Lab. Code section 201);  Statutory Penalties (Cal. Lab. Code sections 203 and 558);  Failure to Indemnify and Illegal Deductions from Wages (Cal. Lab. Code section 2802);  Retaliation (Cal. Lab. Code sections 1102.5, 98.6);  Wrongful Terminati...

Excerpt: ...action. Plaintiff alleges that Defendant wrongfully failed to provide coverage in full for his personal property that was destroyed in the Woolsey Fire in 2018. Defendant demurs to the first amended complaint and moves to strike portions of it. _________________ ______________ Tentative Ruling Defendant's demurrer to the first amended complaint is OVERRULED. Defendant's motion to strike portions of the first amended complaint is DENIED as to the ...

Excerpt: ...ges (1) fraud and concealment; (2) breach of fiduciary duty; (3) aiding and abetting a breach of fiduciary duty; (4) conversion; (5) misappropriation of trade secret; (6) trademark infringement; (7) unfair competition – passing off; (8) constructive trust; (9) breach of the covenant of good faith and fair dealing; and (10) accounting. On September 29, 2020, Defendants filed a demurrer. When considering demurrers, courts read the allegations lib...

Excerpt: ...rer to the first and second causes of action. On October 20, 2020, the Court granted the anti-SLAPP motion and awarded Strada its attorney fees and costs incurred for the motion under Code of Civil Procedure section 425.16, subdivision (c). On November 18, 2020, Strada filed this motion for attorney fees. Strada's request for judicial notice is granted. As the prevailing party on an anti-SLAPP motion, Strada is entitled to an award of reasonable ...

Excerpt: ...Transfer Agreement (“Withdrawal Agreement”). Because the complaint refers to this agreement (see, e.g., Complaint ¶¶ 10, 34), it is an appropriate matter for judicial notice. (Align Technology, Inc. v. Tran (2009) 179 Cal.App.4th 949, 956 fn. 6.) The request is therefore granted. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering d...

Excerpt: ... to quiet title and 914 Trust trustee breaches, and to add or amend causes of action for indemnity, contribution, reimbursement of legal fees, payment of unpaid compensation, other unspecified damages, and punitive damages. Plaintiff also sought to add Shereen Arazm Koules (“Defendant”) as Doe 1, and he claimed that he discovered additional information about the alter ego relationships of Defendant and other defendants. On August 13, 2020, th...

Excerpt: ...s Plaintiff loaned Defendant $1,521,446.58 under the Loan Agreement, which Defendant did not repay, thereby breaching the Loan Agreement. (FAC ¶¶ 12, 13, 15, 16.) The FAC also alleges interest accrued, Defendant did not pay the interest, and Defendant breached the Promissory Note. (FAC ¶¶ 14-16.) On May 15, 2017, Defendant filed a Case Management Statement saying that it did not dispute liability and the parties had settled and agreed to a st...

Excerpt: ...nt of $50,000.00 against Plaintiff (“Judgment”). (Defendants' RJN, Ex. 3; FAC ¶ 5.) (On October 31, 2018, Reza Pour assigned his rights in the Judgment to Schyna Pour as trustee of the Reza Jalali Pour Trust. (Defendants' RJN, Ex. 8.)) Plaintiff alleges that in 2002, he and Defendant signed a written agreement under which Plaintiff would pay Reza Pour $9,000.00 in total satisfaction of the Judgment (“Satisfaction Agreement”). (FAC ¶¶ 7...

Excerpt: ... arbitration with Petitioner and Respondent, the arbitrator issued to Respondent an award of $335,983.42. (Motooka Decl., Ex. D at p. 17.) Petitioner paid Respondent $271,335.66, reflecting the arbitration award less the $50,000.00 payment by the third party and less $14,647.76 in medical payments that Petitioner says it had previously made. (Petition at p. 3.) On June 23, 2020, Respondent's counsel contacted the arbitrator for clarification of P...

Excerpt: ...lawful retaliation under Labor Code section 1102.5; (5) wrongful discharge in violation of public policy; and (6) failure to provide employee records. On October 23, 2020, Defendants filed this motion to compel arbitration and stay the action pending the completion of arbitration. REQUEST FOR JUDICIAL NOTICE Defendants request that the Court take judicial notice of orders in Dickinson v. Burlington Coat Factory of California, LLC, Case No. BC6464...

Excerpt: ..., 2020, Meyerov filed a motion for summary judgment. Meyerov's motion argued, in part, that the tolling agreement presented by Plaintiff was invalid, and therefore the statute of limitations barred its claim. On December 22, 2020, Plaintiff filed this motion for sanctions based on Meyerov's contentions in his motion for summary judgment. The Court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other sim...

Excerpt: ...se management conference, Plaintiff indicated her intent to file a Doe amendment. On July 9, 2020, the Court ordered Plaintiff to add any additional defendants before the next hearing on August 20, 2020. On August 18, 2020, Plaintiff filed an amendment to substitute Van Dyke for Doe 1 under Code of Civil Procedure section 474. Defendants Biotics Research Corporation and Biotics Research West, LLC (collectively, “Defendants”) moved to strike t...

Excerpt: ...g to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers objections to its enforceability. (Ibid.) The Court must grant a petition to comp...

Excerpt: ... LLC, and Ammec, Inc. On October 30, 2020, D&G and McGuire (collectively, “Cross-Defendants”) filed this motion for summary judgment. REQUEST FOR JUDICIAL NOTICE Cross-Defendants request that the Court take judicial notice of (1) Martin's complaint; (2) Cross-Complainant's Cross-Complaint; (3) the grant deed transferring real property commonly known as 4829 4th Avenue, Los Angeles, California 90043, recorded in the Los Angeles County Recorder...

Excerpt: ...L NOTICE Defendants request that the Court take judicial notice of Plaintiff's complaint and notice of errata. The request is granted. LEGAL STANDARD When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) Afte...

Excerpt: ...s will be heard on January 21, 2021. Plaintiffs did not file an opposition to the motion regarding the Raymond deposition. Instead, on January 13, 2021, the parties filed a joint report on the status of discovery stating that the Raymond deposition was going forward that day. For some reason, Defendants did not take the motion for a protective order off calendar. Therefore, the motion for a protective order re Raymond is MOOT and off calendar. De...

Excerpt: ...t. Cross-Complainant did not respond. Cross-Defendant filed a motion to compel responses. Cross-Complainant did not oppose the motion. At the November 12, 2020 hearing, the Court granted the motion to compel, ordered Cross-Complainant to serve verified responses without objections to the form interrogatories and special interrogatories within 15 days, ordered monetary sanctions, and stated that the order was subject to Cross-Defendant paying an a...

Excerpt: ... Tennenbaum IX-O SLP, LLC; and Tennenbaum Special Situations IX-S GP, LLC (collectively, “Respondents”) also filed a stipulation to have records produced in the arbitration be treated as produced in discovery within the meaning of California Rule of Court Rule 2.551. The stipulation extended the time for Respondents to respond to the petition until 30 days after it was filed. The Court denied the stipulation on August 3, 2020. On August 10, 2...

Excerpt: ...n (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty of merchantability; (6) fraud by omission; and (7) violation of Consumer Legal Remedies Act (“CLRA”). On August 10, 2020, the Court sustained Defendant's demurrer to the third and sixth causes of action with leave to amend. On August 25, 2020, Plaintiff filed a first amended complaint (“FAC”). On Oc...

Excerpt: ...t awarded attorney fees to Plaintiff in the reduced amount of $21,000.00. Plaintiff is now a self-represented party. On February 24, 2020, Plaintiff filed a motion to correct the judgment and enter prejudgment costs, which included a memorandum of costs. On May 8, 2020, Plaintiff filed an amendment to the February 24, 2020 motion and memorandum of costs. The amendment stated that Plaintiff sought a total of $268,251.50 in costs plus $2,313.95 in ...

Excerpt: ...rance Company, and Axis Surplus Insurance Company. In the cross-complaint, Berendos L.P. sought a declaration that Walton had a duty to indemnify Berendos L.P. for expenses it incurred in remediation, and a declaration that the damage to each apartment building constitutes a separate occurrence. On February 8, 2017, Berendos L.P., 235 Berendo L.P., and A Community of Friends (collectively, “Berendos”) filed a first amended cross-complaint (�...

Excerpt: ...raud, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) rescission and restitution, (7) unjust enrichment, (8) and conversion. On September 28, 2020, Kirkaldy filed an answer. The parties met and conferred about the answer, and Kirkaldy's counsel indicated that they would file an amended answer. (Gill Decl. ¶ 7.) Kirkaldy's counsel sent the amended answer to Cross-Complainant's counsel but did not file it. (Id. at ¶ 8.) Af...

Excerpt: ...ates a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complaint and incorporated by reference. (See Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94 (Frantz).) A special demurrer for uncertain...

Excerpt: ... engage in the interactive process of accommodation; (4) family and medical leave discrimination and retaliation; (5) retaliation for requesting accommodations; (6) wrongful termination in violation of public policy; (7) intentional infliction of emotional distress; (8) negligence; (9) failure to provide all meal periods; (10) failure to provide all rest periods; (11) failure to pay reporting time; (12) failure to provide accurate itemized wage s...

Excerpt: ... “Entity Plaintiffs”), and Eszylfie Taylor filed this action against Defendants HRB Tax Group Inc. (“HRB”), H&R Block Tax and Business Services Inc., H&R Block Enterprises Inc., H&R Block Tax Services Inc., H&R Block Enterprises LLC, H&R Block Inc., Joslyn Harris (collectively, “Defendants”), Carrece Scott, and Diane Cooley. On May 3, 2019, Plaintiffs dismissed Defendants Carrece Scott and Diane Cooley. On June 30, 2020, Defendants fi...

Excerpt: ...leged Plaintiff loaned Defendant $1,521,446.58 under the Loan Agreement, which Defendant did not repay, thereby breaching the Loan Agreement. (FAC ¶¶ 12, 13, 15, 16.) The FAC also alleges interest accrued and Defendant breached the Promissory Note. (FAC ¶¶ 14, 16.) On May 15, 2017, Defendant filed a Case Management Statement saying that it did not dispute liability and the parties had settled and agreed to a stipulated judgment. However, the ...

Excerpt: ...er, and Gary W. Parker (collectively, “Defendants”) regarding rent readjustment to be determined by three appraisers pursuant to the rules of the American Arbitration Association (“AAA”). The parties conducted the arbitration, and the arbitrators issued an award. Plaintiff then filed a motion to vacate the arbitration award based on alleged misconduct by one of the three arbitrators. On November 23, 2020, the Court granted the motion, vac...

Excerpt: ...LLC (“EOS”). On October 29, 2020, EOS filed a motion to add Mario Ernst (“Ernst”) as a third- party judgment debtor. On December 3, 2020, EOS filed an amended motion. No oppositions were filed. On December 21, 2020, the Court continued the hearing on this motion and set an Order to Show Cause Re: Counsel's Representation of EOS based on counsel's prior representation of TLD. On January 5, 2021, counsel for EOS substituted out and was repl...

Excerpt: ...may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to differentiate it from previous pleadings or amendments and must state what allegations in the previous pleading are proposed to be deleted or added, if any, and where, by page, para...

Excerpt: ...ose six subpoenas and filed this motion to quash, arguing the subpoenas seek her private employment records. Defendant argues the requested documents are relevant regarding Plaintiff's mitigation of damages and because Plaintiff is claiming emotional distress both from the allegedly wrongful termination and also resulting from her subsequent employment. In the future, the parties are to participate in an informal discovery conference before filin...

Excerpt: ...tions for Plaintiff's failure to appear and failure to file a proof of service of the summons and complaint. At the November 22, 2017 OSC, Plaintiff again failed to appear or file a proof of service. The Court therefore dismissed the action. On October 19, 2020, Plaintiff filed this motion to set aside and vacate the order of dismissal. Defendant's objections to the Declaration of Yu “Brian” Zhang are overruled. To vacate an order of dismissa...

Excerpt: ...c. (“Jayone Homeware”), and Woosung America Corporation. Plaintiffs settled their claims against Woosung America Corporation. On September 2, 2020, Jayone Homeware filed a motion for summary judgment, or in the alternative, summary adjudication. On September 14, 2020, after paying its own summary judgment filing fee, Aekyung joined the motion and filed its separate statement and evidence. Plaintiffs and Jayone Homeware later settled their cla...

Excerpt: ...ance Company, Berendos L.P. (“Berendos”), and Interstate Restoration – California LP (“Interstate”). In the cross-complaint, Walton sought a judicial determination of the rights and obligations regarding Walton's indemnity obligations and whether Berendos breached its contract obligations, including its obligation to supervise subcontractor Interstate. On January 23, 2019, Walton filed its first amended cross-complaint (“FACC”), whi...

Excerpt: ... set out in a July 17, 2019 stipulation. Chow argues Plaintiffs already obtained the subpoenaed records in response to the 2018 subpoenas, the 2020 subpoenas request private information, and the requested records are irrelevant because they seek records for Chow's other business entities. Plaintiffs argue that in January 2020 they discovered Defendants had taken out two new loans from Open Bank on behalf of Caesar Global Alliance Inc., for a tota...

Excerpt: ... and (4) negligent infliction of emotional distress. Doe was a 16-17 year old student at Downey High School. The complaint alleges that due to Defendant's negligence and failure to supervise, another student (“Student”) sexually abused Plaintiff. On November 9, 2020, Defendant filed a demurrer to the first three causes of action and a motion to strike the related prayers for relief. DEMURRER A demurrer for sufficiency tests whether the compla...

Excerpt: ... to Compel Further Form Interrogatory Responses from Duker and Sheffield On July 9, 2020, Cross-Complainant Amy Knell filed a motion to compel further form interrogatory responses from Cross-Defendants Sheffield Investments LLC and Brack Duker. The notice of motion states Knell is moving on (1) a first set of form interrogatories to Duker, (2) a first set of form interrogatories to Sheffield, and (3) a second set of form interrogatories to Duker,...

Excerpt: ...s On July 9, 2020, Cross-Complainant Amy Knell filed a motion to compel further special interrogatory responses from Cross-Defendants Sheffield Investments LLC and Brack Duker. The notice of motion states Knell is moving on (1) a first set of special interrogatories to Duker, (2) a first set of special interrogatories to Sheffield, and (3) a second set of special interrogatories to Duker, and (4) a second set of special interrogatories to Sheffie...

Excerpt: ...covery motion is heard and ideally before a discovery motion is filed, and that if the deadline for filing a motion is approaching, the moving party should ask the other side for an extension of time so that the IDC can take place before the motion is filed. On September 28, 2020, Defendant filed a motion to compel further responses to the inspection demands. Defense counsel did not state that he asked for an extension of time to file the motion ...

Excerpt: ... strike. REQUEST FOR JUDICIAL NOTICE Plaintiff requests that the Court take judicial notice of the Centers for Disease Control and Prevention's Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) Clinical Care Guidance. The Court denies the request. Defendant fails to provide legal authority that permits the Court to take judicial notice of the interim clinical guidance under Evidence Code section 45...

Excerpt: ...ice of the complaint is granted. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) First, Second, and Third Causes of Action – Song-Beverly Consumer Warranty Act FCA demurs to...

Excerpt: ...th Beverly-Wilshire Jewelry & Loan, and doing business as The Dina Collection; South Beverly-Wilshire Jewelry & Loan also known as South Beverly-Wilshire Jewelry and Loan; The Dina Collection; and Mayweather Promotions LLC. The complaint alleges eight causes of action: (1) breach of oral loan agreement; (2) breach of oral investment agreement; (3) declaratory relief; (4) money lent; (5) money had and received; (6) fraud; (7) conversion; and (8) r...

Excerpt: ...ations; (5) intentional interference with prospective economic advantage; and (6) conversion. On September 30, 2020, Defendant filed this motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS The Court did not rely on most of the evidence submitted and therefore most of the objections are irrelevant. Plaintiff's objections to the Declaration of Daniel Zohar are overruled to the extent the Court relies on...

Excerpt: ... for summary adjudication of the second cause of action and part of the first cause of action. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of a July 29, 2014 Notice of Motion and Motion to Intervene in Adversary Proceeding, Memorandum of Points and Authorities, and Declaration of Fred Kayne, filed in In re Henry Isaac Bushkin, Case No. 2-11-bk-43502-DS, United States Bankruptcy Court for the Central District...

Excerpt: ... Interstate Restoration – California LP (“Interstate”); Philadelphia Indemnity Insurance Company; and Tokio Marine Specialty Insurance Company. On September 11, 2020, the Court granted Berendos' motion for summary adjudication of Walton's causes of action for breach of contract, negligence, and declaratory relief. On November 13, 2020, Walton filed this motion for judgment on the pleadings with respect to Berendos' fourth cause of action fo...

Excerpt: ...n v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Third and Fourth Causes of Action – Breach of Express/Implied Warranty Defendant contends that Plaintiff's third cause of action for breach of express warranty and fourth cause of action for breach of implied w...

Excerpt: ...by an LAUSD employee. On October 30, 2020, Los Angeles Unified School District and Alice Ballard-Treptow (collectively, “Defendants”) filed this motion to strike the request for treble damages based on the alleged cover up and the allegations about older cases. Defendants' and Plaintiffs' requests for judicial notice are granted. A court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper mat...

Excerpt: ...otion to strike. REQUEST FOR JUDICIAL NOTICE Defendants' requests for judicial notice are granted. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Fourth Cause of Act...

Excerpt: ... (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) hostile work environment harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (5) breach of oral contract not to terminate employment without good cause; (6) breach of implied-in-fact contract not to terminate employment without good cause; (7) negligen...

Excerpt: ...compel arbitration and stay the action pending the completion of arbitration. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists,...

Excerpt: ...aint. On July 24, 2020, the Court again sustained in part a demurrer with leave to amend. On August 10, 2020, Plaintiffs filed a second amended complaint (“SAC”) alleging (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantabi...

Excerpt: ...ed Dr. Srour from this action. On April 27, 2020, Dr. Cohen filed a motion for summary judgment. On April 28, 2020, Cedars-Sinai and Dr. Torbati filed motions for summary judgment. Plaintiffs did not file any oppositions. FACTUAL BACKGROUND All three motions contain similar facts in their separate statements. The following summary cites the separate statement filed by Cedars-Sinai. Mr. Baram has a history of coronary artery disease. (Undisputed M...

Excerpt: ...f action for account stated against Defendants Covina Hills MHC, LP; Covina Hills GP, LLC; and Juanita Springs Associates, LP (collectively, “Defendants”). REQUEST FOR JUDICIAL NOTICE Defendants' request for judicial notice is denied, as the documents are not relevant to the Court's decision. EVIDENTIARY OBJECTIONS Defendants' Objections Nos. 1-4, 6-9, 11, 16-19 to the Declaration of Richard Pech are overruled. Defendants' Objections Nos. 5, ...

Excerpt: ... pro hac vice in California. (Cal. Rules of Court, rule 9.40(a).) The attorney must a verified application together with proof of service by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office. (Cal. Rules of Court, rule 9.40(c).) The applicant must also pay a $50.00 fee to the State Bar of California. (Cal. Rules of Court, rule 9.40(e)...

Excerpt: ...' special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”), which the Beitchman Defendants had joined. Defendants and the Beitchman Defendants each filed a memorandum of costs on September 25, 2020. On October 9, 2020, Defendants filed this motion for attorney fees. COSTS Any motion to tax costs must be filed and served within 15 days of service of the memorandum of costs. (California Rules of Court, rule 3....

Excerpt: ...sure, fraud and other causes of action against Plaintiff and other defendants. Defendant alleged that she had fully paid off her mortgage pursuant to a forbearance agreement before the foreclosure sale and therefore the foreclosure sale was unlawful. On November 5, 2019, the Court related the two cases. In this case, Plaintiff filed a motion for summary judgment or summary adjudication of all affirmative defenses in Defendant's answer. The motion...

Excerpt: ...s, LLP (“McGuire Woods”). On May 16, 2017, the Court sustained Hinshaw's demurrer to the second (negligent misrepresentation) and fifth (fraudulent misrepresentation) causes of action with leave to amend and granted its motion to strike punitive damages with leave to amend. Plaintiffs filed a first amended complaint, and Hinshaw again demurred. The Court granted Plaintiffs' motion for leave to file a second amended complaint (“SAC”). On N...

Excerpt: ...ker (collectively, “Defendants”) regarding rent readjustment to be determined by three appraisers pursuant to the rules of the American Arbitration Association (“AAA”). The parties conducted the arbitration. Plaintiff then filed this motion to vacate the arbitration award based on alleged misconduct by one of the three arbitrators. BACKGROUND FACTS On January 22, 2018, a representative of AAA notified the parties that David Gribin was inv...

Excerpt: ...liation; (6) harassment; and (7) failure to prevent harassment. On July 9, 2020, Defendant filed this demurrer on the grounds that the entire complaint fails to plead sufficient facts and is uncertain, ambiguous, or unintelligible. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) A special demurrer for uncertainty is disfavored and will be sustained only where the pl...

Excerpt: ...aw”); and McGuire Woods, LLP (“McGuire Woods”). On November 5, 2018, Plaintiffs filed their second amended complaint (“SAC”). On January 22, 2019, the Court sustained Hinshaw's demurrer to the fourth and tenth causes of action without leave to amend and granted its motion to strike punitive damages. On October 5, 2020, the Court granted McGuire Woods' motion for determination of good faith settlement. On October 15, 2020, Plaintiffs dis...

Excerpt: ...o file a second amended cross-complaint (“SACC”). “A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.” (Code Civ. Proc. § 428.50, subd. (a).) “Any other cross-complaint maybe filed at any time before the court has set a date for trial.” (Code Civ. Proc. § 428.50, subd. (b).) Otherwi...

Excerpt: ...vely, “Defendants”). Plaintiff alleges four causes of action: (1) elder abuse and neglect under the Elder Adult and Dependent Adult Civil Protection Act, Welfare & Institutions Code §§ 15600, et seq.; (2) negligent hiring and supervision; (3) violation of resident rights under Health & Safety Code § 1430; and (4) fraudulent concealment. Rockport and Alameda filed a demurrer and motion to strike on July 14, 2020. DEMURRER Rockport and Alame...

Excerpt: ... 2019. On October 4, 2019, FCA filed a demurrer and motion to strike. Dealer did not answer or respond to the complaint. On December 23, 2019, FCA and Dealer filed a joint case management statement. They did not mention an arbitration agreement and did not state they were willing to arbitrate. Instead, they requested a nonjury trial. On February 19, 2020, Plaintiffs filed a first amended complaint (“FAC”). On March 24, 2020, FCA and Dealer fi...

Excerpt: ...bjection Nos. 2 and 3 are sustained as to the first sentence and the reference to “Levin's December 29, 2017 memorandum” on the ground that Smith lacks foundation. Plaintiff's Objection Nos. 4 and 5 are sustained as to the references to Levin reviewing the deposition and preparing the memorandum. Plaintiff's remaining objections are overruled. Defendant's objections are overruled. FACTUAL BACKGROUND In August 2000, Defendant prepared a prenup...

Excerpt: ...”), and Interstate Restoration - California LP (“Interstate”). On August 17, 2020, Philadelphia filed this motion for summary adjudication. On September 8, 2020, Philadelphia filed an ex parte application to allow this motion, despite having filed it without leave of court as required by the Court's March 2, 2020 minute order. The Court granted the application in part, stating that it “will consider the arguments about why the additional ...

Excerpt: ...ed this demurrer and motion to strike. DEMURRER Defendant demurs to the first and third through fifth causes of action on the grounds that they are time-barred, and to the entire complaint for uncertainty. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) A special demurrer for uncertainty is disfavored and will be sustained only where the pleading is so “unfairly v...

Excerpt: ...A asks the Court to take judicial notice of (1) Minute Order (dated July 3, 2019) in Sandoval, et al. v. FCA US LLC, et al., Los Angeles Superior Court Case No. 19STCV12641; (2) Minute Order (dated September 13, 2019) in Alonso v. FCA US LCC, et al., Los Angeles Superior Court Case No. 19STCV23966; and (3) Entity Details, Delaware Secretary of State: Division of Corporations, FCA US LLC, dated May 13, 2019. The request is denied, as the documents...

Excerpt: ...ber 17, 2020, Defendants Biotics Research Corporation and Biotics Research West (“Defendants”) filed this motion to strike the Doe amendment on the ground that Plaintiff was not ignorant of Van Dyke's identity at the time of filing the complaint. Defendants request the Court take judicial notice of Plaintiff's July 26, 2019 charge with the Department of Fair Employment and Housing (“DFEH”), DFEH Matter Number: 201907- 06985626; Plaintiff'...

Excerpt: ...��); Interstate Restoration - California LP (“Interstate”); Philadelphia Indemnity Insurance Company (“Philadelphia”); and Tokio Marine Specialty Insurance Company (“Tokio”). Berendos alleged causes of action for declaratory relief (fifth cause of action), unfair business practices (eighth cause of action), and breach of contract (ninth cause of action) against Tokio. On December 20, 2019, Tokio moved for summary judgment, or in the a...

Excerpt: ...ection 425.16 (“anti-SLAPP motion”) as to the first, second, fourth through tenth, and twelfth causes of action. On September 24, 2020, Plaintiff filed a first amended complaint, asserting the same causes of action against Defendants. REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice is granted. EVIDENTIARY OBJECTIONS The Court does not rule on the objections as the evidence was not material to the Court's decision. FACTUAL ...

Excerpt: ...ud, (4) violation of Business & Professions Code section 17200, and (5) complaint against bond company. On July 27, 2020, CPC and Crowley filed a demurrer and motion to strike. DEMURRER CPC and Crowley demur to the third and fourth causes of action on the grounds that they do not allege facts sufficient to state a claim. When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v...

Excerpt: ...aside the entries of default and default judgments against them is denied in full. The hearing on this motion was initially scheduled for July 9, 2020. The parties rescheduled the hearing for this date at the last minute, without advising the court, and did not appear on July 9, 2020. Therefore, the court set for this date an OSC re: failure to appear and continuation of motion without advising the court. Defendants' Request for Judicial Notice D...

Excerpt: ...ng: Plaintiffs' motion to compel Jacob Emrani's deposition and for production of documents at said deposition is granted. Plaintiffs' request for sanctions in the amount of $3,060 against defendant and its counsel is also granted. Plaintiffs initially scheduled four discovery motions to be heard on this date, but have since withdrawn three, leaving this motion to compel deposition as the only motion to be heard. Plaintiffs have also withdrawn thi...

Excerpt: ...P (“Interstate”); Philadelphia Indemnity Insurance Company (“Philadelphia”); and Tokio Marine Specialty Insurance Company (“Tokio”). On December 11, 2019, Philadelphia moved for summary adjudication as to its third, twelfth, thirteenth, and fifteen affirmative defenses. REQUEST FOR JUDICIAL NOTICE Philadelphia's and Berendos' requests for judicial notice are granted. FACTUAL BACKGROUND In July 2014, Berendos began renovating two apart...

Excerpt: ... after March 2017, the parties “all agreed that they would increase their capital based on a pro-rata basis” to purchase and upgrade the carwash. (SACC ¶ 11.) Cross-Defendants Shu Wu Chueh and Gloria Hsu “breached their agreement to invest sufficient funds.” (SACC ¶ 33.) Cross-Complainants performed all their obligations under the agreement. (SACC ¶ 34.) Cross-Defendants were damaged by the breach. (SACC ¶ 35.) Cross-Defendants argue ...

Excerpt: ...019 but continued for various reasons. On September 28, 2020,Mink filed a motion to revive the original motion to be relieved. Kevin Moda opposed the original motion and new motion, arguing that Mink did not do much of anything on this case, had not returned a deposit, and did not serve the proper agent for service of process. Mink points out that Kevin Moda is the sole member of the LLCs. Also, Moda signed the verification on the September 13, 2...

Excerpt: ...te”); Philadelphia Indemnity Insurance Company (“Philadelphia”); and Tokio Marine Specialty Insurance Company. On January 6, 2020, Berendos moved for summary adjudication as to Philadelphia's seventh affirmative defense on the ground that the Mold Exclusion is completely irrelevant. REQUEST FOR JUDICIAL NOTICE Philadelphia's request for judicial notice is denied, as the documents are not relevant to the Court's decision. EVIDENTIARY OBJECTI...

Excerpt: ...elief. On July 28, 2020, Cross-Defendant filed this demurrer. When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complaint and incorporated by reference. (See Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94.) A special demurrer for uncertainty is disfavored and...

Excerpt: ...��), and Golden Years CLHF, Inc. Plaintiffs later amended the complaint to add Green Associates, LLC and Kyle Watanabe. On August 3, 2020, Ventura Park filed a demurrer and request for judicial notice. Ventura Park's request for judicial notice is granted. When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) ...

Excerpt: ... defendants. Plaintiff argues that the Court should review the evidence again because the Court previously “did not review the voluminous evidence submitted with the original motion, at all.” (Motion at p. 2.) Plaintiff also argues Mark Friedman made key admissions in his deposition on December 3, 2019, which the Court did not review before the December 5, 2019 hearing. And Plaintiff argues there is new evidence. (Motion at p. 2.) Plaintiff's...

Excerpt: .... At his deposition, Guy refused to produce certain documents and answer certain questions based on the attorney-client privilege. Plaintiffs move to compel responses to those questions and the production of documents on the ground that the crime-fraud exception applies to those communications. Crime Fraud Exception Evidence Code section 956 states, “There is no privilege under this article if the services of the lawyer were sought or obtained ...

Excerpt: ....P. (“Berendos”) and Interstate Restoration – California LP. On December 27, 2019, Walton moved for summary adjudication against Liberty. REQUEST FOR JUDICIAL NOTICE Walton's request for judicial notice in support of the motion is granted. Liberty's request for judicial notice is granted. Walton's request for judicial notice in support of the reply is denied, as Liberty's demurrer is not relevant. EVIDENTIARY OBJECTIONS The Court cannot rul...

Excerpt: ...(collectively, “Defendants”). The complaint alleges six causes of action: (1) failure to pay overtime compensation under the Labor Code; (2) denial of and failure to provide meal and rest periods under the Labor Code; (3) failure to furnish accurate itemized wage statements under the Labor Code; (4) failure to indemnify for all necessary expenses under the Labor Code; (5) waiting time penalties under the Labor Code; and (6) violations of Busi...

Excerpt: ...re to accommodate under FEHA; (5) failure to engage in the interactive process under FEHA; and (6) unfair business practices under Business and Professions Code section 17200. On September 10, 2020, Defendant filed this motion to compel arbitration and stay the action pending the completion of arbitration. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of Plaintiff's complaint and a copy of the Employment Arbit...

Excerpt: ...tains some causes of action for which a claim must first be presented under the Government Tort Claims Act. On June 17, 2020, Plaintiff filed this petition for an order permitting a late claim against a governmental entity. FACTUAL BACKGROUND The two fires at issue in this litigation occurred on November 22, 2018. The City, Burnside and Brown investigated the fires. Plaintiff alleges they falsified evidence, which led to his arrest on July 3, 201...

Excerpt: ...iled this action for an order compelling arbitration and staying DLSE proceedings pending completion of arbitration. REQUEST FOR JUDICIAL NOTICE Petitioners' request for judicial notice is denied, as the filings in a different case are not relevant to the Court's decision in this action. LEGAL STANDARD When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longw...

Excerpt: ...Twitter accounts on which the person or persons posted defamatory statements about Gross. On January 7, 2020, Plaintiffs served a subpoena on Twitter asking for information to identify the person or persons who created the Twitter accounts @find_grind_bc, Twitter ID # 108393199435033216; @find_grind, Twitter ID # 1120791090250964992; and @fgbycott, Twitter ID # 948844988863000576. Twitter responded that it would not agree to produce any identifyi...

Excerpt: ...d for $1.3 million and filed this application for determination of good faith settlement. No party has objected. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) This requirement furthers two sometimes-competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the encouragement of settlements. (Erreca's v. Superior Court (1993) 19 Cal...

Excerpt: ...this motion for terminating sanctions seeking dismissal of the action with prejudice. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of 15 items. The Court grants the requests. EVIDENTIARY OBJECTIONS Plaintiff's objections to the Declaration of Dariush Soofer and its exhibits are overruled. Plaintiff's objections to the Declaration of Amanda Soofer and its exhibits are overruled. Plaintiff's objections to the D...

Excerpt: ...Manella. Also, it appears that Richard McNeil handled matters concerning issues in dispute here while he was a partner at Irell & Manella. Judge Seigle did not work on or have any knowledge of those matters while at Irell & Manella. This will not affect the Court's ability to handle this case fairly and impartially. On November 3, 2010, Plaintiff Greenwich Insurance Company (“Plaintiff”) filed its first amended complaint (“FAC”) against A...

Excerpt: ...with Defendant. Plaintiff asserts that the consent judgment is fair and reasonable to the parties, is in the interest of and provides a benefit to the general public, has been submitted for review to the Office of the Attorney General of California, and fully complies with the statutory and regulatory requirements of Proposition 65. Additionally, Plaintiff's counsel served this motion on the Attorney General, who has not objected. (Royster Decl. ...

Excerpt: ...omplaint seeks to rescind the sale of the property, damages of $100,000.00, punitive damages of $3,000,000.00, and various determinations concerning the title and sale of the property. On February 24, 2020, Defendant filed this demurrer and motion to strike. Defendant contends that Plaintiff lacks standing, and it moves to strike punitive damages, attorney fees, and references to fraud and conspiracy to defraud. Plaintiff did not file an oppositi...