Excerpt: ...e Exhibits 2 and 3, punitive damages allegations at ¶¶ 58, 86 , 95 and prayer as to second, and fourth causes of action;  Motion to strike punitive damage allegations at ¶ 71 and prayer for third cause of action is MOOT. ANALYSIS Demurrer Request for Judicial Notice Plaintiff requests that the Court take judicial notice of the following: (1) Howard Misle's deposition testimony on April 24, 2019; (2) Press release by Ownzones Media Network; ...

Excerpt: ...lo Nos. 1-6: OVERRULED. Business records exception to hearsay rule; sufficient foundation. No. 7: SUSTAINED. Irrelevant. Nos. 8 - 18: OVERRULED. Business records exception to hearsay rule; sufficient foundation; personal knowledge. No. 19: SUSTAINED. Lack of foundation. Nos. 20 – 23: OVERRULED. Business records exception to hearsay rule; sufficient foundation; personal knowledge. Declaration of Derek R. Havel No. 24: SUSTAINED. Lack of personal...

Excerpt: ...mail on March 20, 2019.  CONTINUE hearing on Defendants Royal Deluxe Accessories, LLC and Defendant Royal Items, Inc.'s motion to quash service of summons to permit Plaintiff to conduct jurisdictional discovery. ANALYSIS Defendant Royal Deluxe Accessories, LLC's Motion to Quash Service of Summons Request for Judicial Notice Defendant's request that the Court take judicial notice of the Declaration of Paul Vazin in Support of Valu Mart Company,...

Excerpt: ..., LLP; (2) Defendant/Cross-Complainant Kevin Moda; (3) Plaintiff/Cross-Defendant Mahvash Mazgani PROOF OF SERVICE:  Correct Address: (1) No proof of service. However, an opposition was filed on the merits without objecting to any defect in notice, thereby waiving any such defect; (2) Set per May 8, 2019 minute order; (3) Yes.  16/21 (CCP § 1005(b)): (1) No proof of service. However, an opposition was filed on the merits without objecting t...

Excerpt: ...o strike the first and second causes of action is MOOT;  DENY motion to strike the prayer for punitive damages;  Defendant to answer the 1AC within 10 days. ANALYSIS Demurrer 1. First Cause of Action (Common Law Battery); Second Cause of Action (Assault). Defendant demurs on the ground that this cause of action is barred by the two year statue of limitations for assault and battery set forth in CCP § 335.1, which provides: “Within two ye...

Excerpt: ... quash the deposition notice and/or for a protective order;  DENY Plaintiffs' request for sanctions. ANALYSIS Defendants' Evidentiary Objections Plaintiff's Compendium of Evidence Exhs. 2 and 3: OVERRULED. Sufficient foundation. Declaration of Jeffrey Lipow ¶¶ 9, 12, 13, 14, 15, 16, 17, 18: OVERRULED. Sufficient foundation. ¶ 19: OVERRULED. Sufficient foundation; permissible legal argument by counsel. ¶¶ 20 – 33, 35, 37, 38, 39, 40: OVE...

Excerpt: ...�� DENY motion to strike as to ¶ 6 in its entirety, ¶ 13, Page 5:1‐2 and 6‐10 and ¶ 14, Page 5:18‐20;  Motion to strike is MOOT as to the entire second cause of action at ¶¶ 16 ‐21, the entire third cause of action ¶¶ 22‐26, the entire sixth cause of action at ¶¶ 43‐49, the entire ninth cause of action at ¶¶ 63‐69, and the entire tenth cause of action at ¶¶ 70‐ 74. ANALYSIS Demurrer 1. First Cause of Action (Breach...

Excerpt: ...endant requests that the Court take judicial notice of the following: (1) Grant Deed recorded July 12, 2013; (2) First Deed of Trust recorded July 12, 103; (3) Second Deed of Trust recorded July 1, 2013; (4) Subordination agreement recorded July 1, 2013; (5) First Deed of Trust recorded March 5, 2004; (6) Notice of Default recorded September 19, 2013; (7) Second Deed of Trust recorded December 7, 2012; (8) Notice of Default recorded November 5, 2...

Excerpt: ...� 16/21 (CCP § 1005(b)): (1) OK. Served by e-service on February 15, 2019; continued to this date per April 2, 2019 minute order; (2) OK. Served by electronic service on April 22, 2019; set for hearing per stip. & order.  DENY Plaintiff/Cross‐Defendant Jensen's motion to compel production of documents for in camera inspection without prejudice; (Kerr's request for sanctions was previously denied);  GRANT Defendant/Cross‐Complainant Ker...

Excerpt: ...o as to prejudice Plaintiffs. The Court finds that Defendants did not waive the right to compel arbitration. However, the Court agrees with Plaintiffs that the arbitration agreement relied upon by Defendants is unenforceable. (a) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy: (1) His rights or remedies under Section 19...

Excerpt: ... on April 29, 2019—only 9 court days prior to the hearing date; 16 court days plus 2 calendar days for service by overnight (CCP § 1005(b). Plaintiff objected in opposition.  GRANT motion for attorney's fees in the reduced amount of $50,000;  DENY motion to tax Items Nos. 2 and 4; GRANT motion to tax Item No. 8 in the amount of $3,500, Item No. 12 in the amount of $2,051.00, and Item No. 13 in the amount of $261.54. ANALYSIS Motion for A...

Excerpt: ...s that in February 2017, Defendant Pukini, individually and on behalf of CALPAC, made material misrepresentations as follows: (1) That Rose/871 LLC would not have to make any payments on the loans; (2) that CALPAC would provide a loan to 871 LLC that would pay off all acquisition loans and would fully fund construction. Plaintiff alleges he gave $520,000 before the close of escrow (2AC, ¶40), but he alleges that the Articles of Organization and ...

Excerpt: ...However, an opposition was filed on the merits without objecting to any defect in notice, thereby waiving any such defect.  GRANT motion to compel deposition of non‐party witness Steven Mir Sepassi and production of documents;  GRANT request for sanctions in the amount of $2,000 against Steven Mir Sepassi. ANALYSIS Motion to Compel Depositions Defendant/Cross-Complainant Kevin Moda moves to compel the deposition of non-party witness Steve...

Excerpt: ...s/Cross-Complainants Deuk Lee and Hite USA, Inc.; PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b): OK. Served by mail on April 12, 2019; (2) OK. Served by email on April 4, 2019; (3) OK. Served by email on March 8, 2019; advanced to this date per April 3, 2019 minute order.  GRANT motion to seal;  DENY motion to compel deposition of nonparty Hea Kyung Yoon without prejudice to a renewed motion; �...

Excerpt: ... Pharma Holdings US of TN; Pharma Holdings US of FL, LLC; Pharma Holdings US of Puerto Rico, LLC and Pharma Holdings US of California, LLC (untimely notice of joinder) PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by electronic filing service on March 12, 2019; continued to this date per April 5, 2019 minute order; (2) OK. Served by electronic filing service on March 12, 2019; continued to thi...

Excerpt: ...tratton, Individually and as Trustee for the Stratton Family Revocable Trust. PROOF OF SERVICE:  Correct Address: Yes.  75/80 (CCP § 437c(a): OK. Served by overnight mail and email on February 13, 2019 (75 days).  GRANT motion for summary adjudication as to Issue No. 1 re: the first cause of action;  DENY motion for summary adjudication as to Issue No. 2 re: the third cause of action, Issue No. 3 re: the fourth cause of action, and I...

Excerpt: ...Community of Friends, and 235 Berendo, L.P.; (4) Plaintiff/Cross-Defendant Liberty Surplus Insurance Corporation RESPONDING PARTY(S): (1) Defendant/Cross-Defendant Philadelphia Indemnity Insurance Company and Cross/Defendant Tokio Marine Specialty Insurance Company; (2) Defendant/Cross-Complainant/Cross-Defendant LTD Construction Services, GP dba Walton Construction Services; (3) No opposition filed; (4) Cross-Defendant Tokio Marine Specialty Ins...

Excerpt: ...t;  DENY motion for a new trial. ANALYSIS Motion for Judgment Notwithstanding the Verdict The trial court's power to grant a motion for judgment notwithstanding the verdict is the same as its power to grant a directed verdict. (Code Civ. Proc., § 629.) “A motion for judgment notwithstanding the verdict may be granted only if it appears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is...

Excerpt: ...pac Trading Co., Inc. as embodied in the Proposed Consent Judgment. A copy of the Consent Judgment was presented to the Court. Pursuant to the Consent Judgment, after the Effective Date, Defendant shall not sell in California any Covered Product unless they bear a clear and reasonable warning, or are reformulated so as not to exceed the following standards: Lead level in 40 parts per billion or Cadmium Level in 326 parts per billion. Consent Judg...

Excerpt: ...Rx of FL, LLC, New Home Pharmacy, Inc., Good Shepherd Pharmacy, Inc.; Defendant McGuire Woods; Plaintiffs Pharma Holdings US, LTD; Pharma Holdings US of NY, LLC; Pharma Holdings US of TN; Pharma Holdings US of FL, LLC; Pharma Holdings US of Puerto Rico, LLC and Pharma Holdings US of California, LLC (untimely notice of joinder) PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by electronic filing ...

Excerpt: ...)): OK. Served by email on February 28, 2019; notice of continuance to this date served by mail on March 4, 2019.  OVERRULE demurrer as to first cause of action;  Cross‐Defendant to answer the 1AXC within 10 days. ANALYSIS Demurrer 1. First Cause of Action (Breach of Contract). Cross-Defendant argues that the breach of contract cause of action is based upon a contractual provision that violates Labor Code § 221, which provides: “It sha...

Excerpt: ...tion; (3) Defendant Centrome, Inc. d/b/a Advanced Biotech; (4) Defendant Centrome, Inc. d/b/a Advanced Biotech RESPONDING PARTY(S): (1) Plaintiff Phillip Luna; (2) Plaintiff Phillip Luna; (3) Plaintiff Phillip Luna; (4) Plaintiff Phillip Luna PROOF OF SERVICE:  Correct Address: (1) Addresses not listed on proof of service, but opposition was filed on the merits without objecting to any defect in service; (2) Addresses not listed on proof of se...

Excerpt: ..., 69. ANALYSIS Motion to Compel Further Responses to Requests for Production of Documents, Set One  Request No. 7: GRANTED in part, limited to responsive documents which would apply to the particular model of Plaintiff's vehicle model. Plaintiff has demonstrated good cause in the separate statement, but only as to polices and procedure manuals which would apply to the particular model of Plaintiff's vehicle. Defendant's objection on the ground...

Excerpt: ...privilege log and production;  DENY Kerr's request for sanctions. ANALYSIS Motion To Compel Documents For In Camera Inspection The parties are ordered to meet and confer regarding the supplemental privilege log and documents produced by Kerr on February 15, 2019. The hearing is CONTINUED to May 2, 2019. The parties are to file a joint supplemental separate statement regarding any outstanding issues by April 25, 2019. Kerr's request for sanctio...

Excerpt: ...motion to compel deposition IN PARTY AND DENY IN PART, as set forth below, as to questions regarding facts giving rise to the lawsuit;  DENY both parties' request for sanctions. ANALYSIS Motion to Compel Deposition Defendant Smart & Final Stores LLC moves to compel Plaintiff's deposition testimony, and requests sanctions. Plaintiff terminated the February 1, 2019 deposition of its corporate designee, Michael Marcus, after two hours of evasive ...