Excerpt: ...crimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) intentional infliction of emotional distress; (3) retaliation in violation of public policy; (4) retaliation in violation of FEHA; (5) failure to take necessary remedial action in violation of FEHA; (6) negligent infliction of emotional distress; and (7) defamation. On June 25, 2019, the Court sustained a demurrer to the second, third, sixth, and seventh causes of a...

Excerpt: ... disqualify Reuben Yeroushalmi and the law firm Yeroushalmi & Yeroushalmi (collectively “Yeroushalmi”) as Plaintiff's counsel. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of 10 items. The requests are granted, except for Exhibit M which was blank. EVIDENTIARY OBJECTIONS Yeroushalmi's objections to the Declaration of Dariush Soofer and its exhibits are overruled. Yeroushalmi's objections to the Declaratio...

Excerpt: ...; Philadelphia Indemnity Insurance Company; and Tokio Marine Specialty Insurance Company. On January 8, 2020, Berendos moved for summary adjudication against Walton. EVIDENTIARY OBJECTIONS The Court did not rely on the portions of the Declaration of Dora Leong Gallo to which Walton objected. FACTUAL BACKGROUND In 2014, Berendos began renovating two apartment buildings located at 226 and 235 South Berendo Street, and in July 2014, Berendos hired W...

Excerpt: ...compel arbitration and stay the action pending 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 exi...

Excerpt: ...s of action for breach of contract, negligence, and declaratory relief. The notice of motion states that 235 Berendos L.P. and A Community of Friends also bring this motion for summary adjudication, but Walton's SACC does not name those two entities as cross-defendants. EVIDENTIARY OBJECTIONS The Court did not rely on the Declaration of Robert Begland. FACTUAL BACKGROUND In 2014, Berendos began renovating two apartment buildings located at 226 an...

Excerpt: ...igned an application for insurance requesting bodily injury liability limits in the amount of $100,000 per person and $300,000 per accident and uninsured motorist limits in the amount of $15,000 per person and $30,000 per accident. (Stipulated Facts “SF” 2.) On April 14, 2019, Plaintiff issued an automobile insurance policy to Louie Silva, which covered a 2018 Mini Cooper until October 14, 2019, with the same policy limits. (SF 1.) Plaintiff ...

Excerpt: ... settlement proceeds; (2) intentionally interfered with Plaintiff's contract with its former client, including Plaintiff's attorney lien; (3) intentionally interfered with Plaintiff's business relationship with its former client and the lien; and (4) aided and abetted the former client's fraudulent transfers of settlement proceeds. On April 29, 2020, Defendants Ford Serviss, Collins Ford, LLP, William H. Ford III, Claudia J, Serviss, and Michael ...

Excerpt: ...m the arbitration award in Illinois state court, and on April 2, 2020, they emailed the petition to Petitioner. On April 6, 2020, Petitioner filed a petition to vacate the arbitration award in this Court. On May 18, 2020, Respondents filed this motion to stay. On June 18, 2020, Petitioner filed an amended petition to vacate. The hearing was initially set for July 21, 2020. At that hearing, Petitioner stated that its request for judicial notice co...

Excerpt: ...to the SAC. DEMURRER Defendant demurs to the second cause of action (breach of the implied covenant of good faith and fair dealing) and third cause of action (financial elder abuse). 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 b...

Excerpt: ...020, Plaintiff and remaining defendants Cobalt Construction Company, Essey Construction Company, Inc., and Steel City Scaffold, Inc. (collectively, “Defendants”) reached a settlement. On August 4, 2020, Plaintiff filed an ex parte application for order apportioning wrongful death settlement. Plaintiff seeks an order apportioning 100 percent of the proceeds of the settlement to Plaintiff, excluding all others and specifically excluding Oswaldo...

Excerpt: ...D. Defendants argue that a claims examiner does not owe any independent duty to an insured and thus, cannot be held liable for alleged negligent claims handling. “ ‘The elements of negligent misrepresentation are (1) a misrepresentation of a past or existing material fact, (2) made without reasonable ground for believing it to be true, (3) made with the intent to induce another's reliance on the fact misrepresented, (4) justifiable reliance o...

Excerpt: ...nd attorney fees. (Mikov Decl. ¶ 22 & Ex. D.) On April 22, 2020, Plaintiff filed a motion for attorney fees. Defendant requests that the Court take judicial notice of Plaintiff's counsel's motions for attorney fees in three other cases, a class action complaint in another case, and a declaration in support of an opposition to attorney fees in another case. The Court denies this request. Plaintiff's Objection Nos. 1-3 to the Declaration of Mary L...

Excerpt: ...al, LLC (“WD”) . WD purchased televisions from Plaintiffs and sold the televisions to retailers. WD ceased conducting business in 2015. Plaintiffs allege that WD failed to pay for the televisions and that Defendant guaranteed WD's debt. The FAC alleges six causes of action: (1) breach of the 2011 guaranty and of the guaranty in 2013 forbearance agreement; (2) fraud regarding the 2011 guaranty; (3) fraud regarding the guaranty in the 2013 forb...

Excerpt: ...uses of action without leave to amend. On May 15, 2019, the Court denied Defendant's first motion for summary judgment. On April 17, 2020, Defendant filed a second motion for summary judgment. EVIDENTIARY OBJECTIONS Plaintiff's Objection Nos. 1-5 to Defendant's Request for Judicial Notice are overruled. Plaintiff's Objection to Defendant's declaration are overruled as the Court does not rely on the evidence. REQUEST FOR JUDICIAL NOTICE Defendant ...

Excerpt: ...�the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.' [Citation.]” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 837.) An action against a corporation is to be tried in the county where the corporation has its principal place of business, where the contract was made or to be performed, or where the obligation or liability arose ...

Excerpt: ...red that Defendants “immediately cease all construction-related work on the following properties identified by Assessor Parcel Numbers: APN 6339-001-033 and APN 6339-001-034 (‘properties'), during the pendency of this lawsuit.” The Court also ordered Defendants to show cause why the Court should not enter a preliminary injunction imposing the same terms. The hearing on the OSC was continued several times due to the pandemic. The parties did...

Excerpt: ...uffers from a medically diagnosed allergy to certain chemicals commonly found in paint, cleaning supplies, detergents, and other common household items. Plaintiff rents an apartment on Defendants' property. Plaintiff notified Defendants of her physical disability, and in 2012 they provided accommodations in the form of payment for a hotel stay when repairs were made on the property. Plaintiff alleges that after announcing more work and repairs in...

Excerpt: ...laintiffs allege that an unknown person or persons created websites and Twitter accounts with 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 # 948844988863...

Excerpt: ...action; (2) breach of fiduciary duty; (3) removal of dishonest and fraudulent member-manager as a derivative action; (4) accounting as a derivative action; (5) damages from ultra vires acts as a derivative action; (6) promissory estoppel; (7) fraud; and (8) declaratory relief as a derivative action. On February 6, 2020, Fox filed this demurrer and motion to strike. Fox demurs to the entire FAC and moves to strike allegations relating to the opera...

Excerpt: ... 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.) Breach of Contract Dean demurs to the first cause of action on the grounds that she was not a party to the contract. (Demurrer at p. 5.) Plaintiff alleges th...

Excerpt: ...he rented from Defendants. Plaintiff was a resident of a property owned by Pacific View Apartments, Auburn San Pedro, and M Lofts and managed by Pan American, with Wood serving as an agent for the other Defendants. Plaintiff's complaint alleges nine causes of action: (1) breach of warranty of habitability (Civil Code § 1941.1); (2) breach of warranty of habitability (Health and Safety Code § 17290.3); (3) violation of Civil Code § 1942.4; (4) ...

Excerpt: ...his demurrer and motion to strike. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of 12 exhibits: (1) the Court's Tentative Ruling on Defendant's Demurrer and Motion to Strike Portions of Plaintiffs' Second Amended Complaint, which became the Court's December 27, 2019 order; (2) a hand-drafted redline showing the changes between the SAC and the TAC; (3) relevant excerpts of the USC Village Lease entered into between ...

Excerpt: ...nd, and sixth causes of action. EVIDENTIARY OBJECTIONS The Court does not rule on Defendant's Objections because the Court did not rely on the evidence that is the subject of the objections. FACTUAL BACKGROUND Plaintiffs contend that Defendant intentionally misrepresented the rentable square footage (“RSF”) in the parties' lease in order to secure favorable financing on the property, which resulted in Plaintiffs paying increased rent. On or a...

Excerpt: ... (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 June 1, 2020, Defendant filed a demurrer and motion to strike. Defendant demurs to the third, sixth, and seventh causes of action and moves to strike Plaintiff's prayer for punitive damages. DEMURRER ...

Excerpt: ...��) filed his first amended cross-complaint (“FACC”) against Ashley Moreno (“Cross-Defendant”). The FACC alleges that Cross-Defendant was aware of the facts supporting the complaint's fraud claims and knowingly participated in and benefited from the fraudulent conduct. Cross-Complainant seeks declaratory relief, equitable indemnification, and contribution. On April 16, 2020, Cross-Defendant filed a demurrer. A demurrer for sufficiency tes...

Excerpt: ...osung America Corporation. Plaintiffs settled their claims against Woosung America Corporation. Plaintiffs allege that in 2005, Sunja An (“An”) An started to maintain and clean her humidifier with Aekyung Humidifier Mate. (TAC ¶ 10; JFUMF 2.) She was diagnosed with Idiopathic Pulmonary Fibrosis in 2012. (TAC ¶ 14; JHUMF 6.) An passed away on February 11, 2013, with her cause of death determined to be Respiratory Depression and Idiopathic Pu...

Excerpt: ...to non-payment of fees. Defendants Aurora Cayabyab and Lenard Cayabyab refiled their demurrer on July 2, 2020. Defendants demur to all causes of action for insufficient facts. 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 Me...

Excerpt: ...aintiff's Objection Nos. 1, 5, 10, 11 to the Declaration of Garth R. Owens are sustained. Plaintiff's Objection Nos. 2, 3, 4, 6-9 to the Declaration of Garth R. Owens are overruled. Plaintiff's Objections to the Second Declaration of Garth R. Owens are sustained. LEGAL STANDARD “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.1...

Excerpt: ...t”) as counsel for OB. “‘A trial court's authority to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.”'” (Ontiveros v. Constable (2016) 245 Cal.App.4th 686, 694, quoting People ex rel. Dept. of Corporations v. S...

Excerpt: ...rer to the first through fourth causes of action 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 liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) First (Assault) and Second (Battery) Causes of ...

Excerpt: ...t alleged seven causes of action: (1) fraud; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) conversion; (5) declaratory relief; (6) fraudulent inducement; and (7) intentional infliction of emotional distress. On October 21, 2015, the Court granted Defendants' anti-SLAPP motion as to the first, second, third, and sixth causes of action; denied Defendants' anti-SLAPP motion as to the fourth, fifth, and sevent...

Excerpt: ...8, the parties stipulated to binding arbitration before a panel of rabbis. Following arbitration, Defendants moved to confirm the award, and Plaintiffs moved to vacate the award. On July 12, 2019, the Court granted Plaintiffs' petition to vacate the arbitration award and ordered the parties to select a new arbitration panel to rehear the arbitration. On September 19, 2019, Defendants filed an answer to the complaint. Defendants Michael Clement, M...

Excerpt: ...n March 26, 2020. The FAC alleges seven causes of action: (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 merchantability; (6) fraudulent inducement and concealment; and (7) negligent repair. The first through sixth causes of action a...

Excerpt: ...TANDARD A motion for judgment on the pleadings is the functional equivalent to a general demurrer. (Lance Camper Mfg. Corp. v. Republic Indemnity Co. of Am. (1996) 44 Cal.App.4th 194, 198.) Like demurrers, motions for judgment on the pleadings challenge the legal sufficiency of the allegations, not their veracity. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The Court “must accept as true all material facts properly pleaded...

Excerpt: ...es in the fourth cause of action for negligence that Defendant's failure to maintain and repair his sewer lateral connections from his property to the connection with City's sewer main caused Plaintiff's harm. (FAC ¶ 25-27.) Plaintiff later settled its claims against the City. On January 3, 2020, Defendant moved for summary judgment. Defendant also filed a motion for an undertaking. SUMMARY JUDGMENT REQUEST FOR JUDICIAL NOTICE Defendant requests...

Excerpt: ...n she was a minor and intentionally caused her harm. (Undisputed Material Facts “UMF” 1, 7; see generally Complaint.) Plaintiff and her father, Daniel Ross, were Nassraway's tenant during the events alleged in the complaint. (UMF 2, 5.) Ross is not a co-defendant in Plaintiff's action against Nassraway. (UMF 4.) On March 28, 2019, Nassraway filed a cross-complaint against Maxine Ross Purwin and Daniel Ross (“Ross”) for implied equitable i...

Excerpt: ...rt a demurrer and granted in part and denied in part a motion to strike. On June 25, 2019, Plaintiff filed his Second Amended Complaint (“SAC”) against defendants Thomas E. Morgan, III (“Defendant Morgan”); Covina Hills MHC, LP; Covina Hills GP, LLC; Juanita Springs Associates, LP; and Covina Hills MHC, LLC (collectively, “Defendants”). Plaintiff's SAC included 14 causes of action: (1) breach of contract; (2) account stated; (3) fraud...

Excerpt: ...with Regents. On June 20, 2018, Plaintiffs dismissed Antonio Sandoval and Thuy Huynh. On March 17, 2020, Defendant moved to sever Plaintiffs' claims. A court may order a separate trial of any cause of action or of any separate issue in furtherance of convenience, to avoid prejudice, or when separate trials will be conducive to expedition and economy. (Code Civ. Proc., § 1048, subd. (b).) Whether there will be a severance and separate trials on i...

Excerpt: ...oyment with Defendants. Plaintiffs allege 22 causes of action: (1) failure to pay applicable minimum wage under the California Labor Code; (2) unpaid overtime wages under the California Labor Code; (3) failure to provide meal periods under the California Labor Code; (4) failure to provide rest periods under the California Labor Code; (5) final wages not timely paid under the California Labor Code; (6) unreimbursed business expenses under the Cali...

Excerpt: ...ication. On January 6, 2020, the Court denied summary judgment but granted summary adjudication on some causes of action (“Order”). Relevant here, the Court granted summary adjudication on Plaintiff's sixth cause of action for breach of contract based on a failure to pay Tenant Improvement reimbursement. (Order at pp. 6-7.) The lease between the parties provided that “all notices[ and] requests . . . to the other party under this Lease shal...

Excerpt: ...ntiff filed her First Amended Complaint (“FAC”), alleging six causes of action: (1) breach of contract; (2) breach of duty of loyalty; (3) breach of fiduciary duty; (4) accounting; (5) fraud; and (6) conversion. Defendants demur to the FAC's second, third, fifth, and sixth causes of action for insufficient facts. Defendants also move to strike allegations related to punitive damages and attorney fees. Plaintiff did not oppose the motions. DEM...

Excerpt: ... as South 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...

Excerpt: ... to prevent discrimination and retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in a good faith interactive process under FEHA; and (6) wrongful termination in violation of public policy. On February 19, 2020, Defendant moved for summary judgment, or in the alternative, summary adjudication on all causes of action. EVIDENTIARY OBJECTIONS Defendant's Objection Nos. 1-4 a...

Excerpt: ...us LLC, Rockport Administrative Services LLC, Rockport Healthcare Support Services LLC, Boardwalk West Financial Services LLC, SR Capital, and Lawnland LLC (collectively, “Defendants”) arising from their mother's death after a fall while in Defendants' care. Plaintiffs allege 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) w...

Excerpt: ...er (“Duker”) for nuisance, negligence, and declaratory relief. Knell alleges Sheffield failed to maintain or trim foliage on its property at 1420 Hillcrest Avenue (“the 1420 Property”), causing berries, dead branches, and palm fronds to fall over their shared property line onto Knell's property at 1410 Hillcrest Avenue (“the 1410 Property”). According to Knell, her children are at risk of being injured by branches or fronds that fall ...

Excerpt: ...1, 2019, Howard and Bordas filed a demurrer to the first cause of action and a motion to strike. On December 13, 2019, the Court sustained the demurrer to the first cause of action with leave to amend and granted the motion to strike punitive damages with leave to amend. On January 14, 2020, Plaintiff filed a First Amended Complaint (“FAC”). On March 20, 2020, Defendants filed a demurrer to all causes of action and moved to strike allegations...

Excerpt: ...LLC (“WD”) . WD purchased televisions from Plaintiffs and sold the televisions to retailers. WD ceased conducting business in 2015. Plaintiffs allege that WD failed to pay for televisions and that Defendant guaranteed WD's debt. The FAC alleges six causes of action: (1) breach of the 2011 guaranty and of the guaranty in 2013 forbearance agreement; (2) fraud regarding the 2011 guaranty; (3) fraud regarding the guaranty in the 2013 forbearance ...

Excerpt: ...r 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.) A special demurrer for uncertainty is disfavored and will only be sustained only where the pleading is so “unfairly vague” that the defe...

Excerpt: ...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.) A special demurrer for uncertainty is disfavored and will only be sustained only where the pleading is so “unfairly vague” ...

Excerpt: ...nt rental application. On April 15, 2020, Defendant filed an answer. Plaintiff filed a demurrer to Defendant's answer on May 29, 2020. Plaintiff demurs to Defendant's fifth through twenty-third affirmative defenses, contending that they fail to state facts sufficient to constitute a defense or are uncertain. Defendant filed a late opposition. A plaintiff may demur to a defendant's answer within 10 days of being served with the answer. (Code Civ. ...

Excerpt: ...red 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 submitted for review to the Office of the Attorney General of California, and fully complies with the statutory and regulatory requirements of Proposition 65. LEGAL STANDARD The Safe Drinking Water and Toxic Enforcement Act of 1986, colloquially known as Propositio...

Excerpt: ... 2020. Defendants demur to the first, second, and fifth causes of action. 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 complai...

Excerpt: ...endants”). The FAC alleges 11 causes of action: (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (2) disability discrimination in violation of FEHA; (3) failure to reasonably accommodate in violation of FEHA; (4) failure to engage in the interactive process; (5) failure to prevent retaliation and discrimination in violation of FEHA; (6) libel per se; (7) slander per se; (8) intentional infliction of emotional di...

Excerpt: ...orney client privilege or as attorney work product. The Court's June 5, 2019 order reads in pertinent part: Defendants' motion to quash is GRANTED IN PART as to attorney-client privileged and attorney work product privileged documents only as to Requests For Production Nos. 1 – 8. Defendants' objection on the ground of attorney-client and attorney work product privilege is SUSTAINED to the extent that responsive documents come within these priv...

Excerpt: ...f alleges that Defendants committed wage and hour violations regarding Plaintiff's employment as a tour guide. Plaintiff Yuji Hasegawa moves for summary adjudication as to the seventh affirmative defense. ANALYSIS Motion For Summary Adjudication Plaintiff moves for summary adjudication as to the following issue: “The Purported Seventh Affirmative Defense of Independent Contractor Status Is Contrary To Law and Without Merit.” On January 29, 20...

Excerpt: ...se of action, Issue No. 2 re: the second cause of action, Issue No. 3 re: the fourth cause of action, Issue No. 4 re: the fifth cause of action, and Issue No. 5 re: the seventh cause of action. ANALYSIS Defendants' Evidentiary Objections Pursuant to CCP § 437c(q), the Court declines to rule upon Defendants' objections, which are asserted against evidence which the Court deems not to be material to the disposition of this motion. Motion For Summa...

Excerpt: ...service, thereby waiving any such defect; continued to this date per December 12, 2019 minute order; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by email on September 10, 2019; (2) OK. Served by personal service on November 14, 2019.  GRANT notice of joinder;  GRANT motion to compel arbitration;  STAY action pending arbitration. ANALYSIS Notice of Joinder Defendant Burger King Corporation's notice of joinder is GRANTED as timely....

Excerpt: ...ction as to the 2011 Guaranty;  DENY motion for summary adjudication as to Issues Nos. 2 and 3 re: the first cause of action as to the Guaranty Provision of the 2013 Forbearance Agreement;  Issue No. 4 is MOOT as to the 2011 Guaranty;  DENY motion for summary adjudication as to Issue No. 4 re: the first cause of action as to the Guaranty Provision in 2013 Forbearance Agreement; Issue No. 5 re: the fourth cause of action; Issue No. 6 re: ...

Excerpt: ... for Relief No. 6, Page 38, line 8 for punitive damages.  Defendant to answer the Complaint. DISCUSSION: Demurrer Request for Judicial Notice Defendant requests that the Court take judicial notice of Plaintiffs' Complaint filed in this action and legislative history materials relating to the Song- Beverly Act. The requests are GRANTED. Evid Code § 452(d)(court records); the Court may take judicial notice of legislative history materials relev...

Excerpt: ...ministrative Services, Inc., d/b/a Entertainment Partners and Entertainment Partners LLC PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b): (1) OK. Served by overnight delivery on November 18, 2019; (2) Served by mail on December 13, 2019; set per December 2, 2019 minute order; (3) OK. Served by personal service on September 18, 2019; continued to this date per December 2, 2019 minute order.  DENY appl...

Excerpt: ...C and Turnstone Capital, Inc. filed a Stipulation and Proposed Order to take the Motion for Summary Judgment off calendar as to plaintiffs Alberto Solis, Alexander Gonzalez and Lesly Gonzalez. The Alonzo Defendants likewise took their motion off calendar. Accordingly the only motion to be addressed today is: Defendant TC-Chadron LLC and Turnstone Capital's Motion for Summary Judgment  GRANT MSJ as to Plaintiff Victor Reynoso;  DENY MSJ and ...

Excerpt: ...� 16/21 (CCP § 1005(b)): (1) – (6) OK. Served by email on September 18, 2019; hearings consolidated per stip. & order.  SUSTAIN Defendant Macie Wang's demurrer with leave to amend as to the 23 rd, 44 th, and 52 nd causes of action and without leave to amend as to the 24 th and 45 th causes of action;  SUSTAIN Defendant Jonathan C.M. Lau's with leave to amend as to the 2 nd, 5 th, 14 th, 17 th, 20 th, 26 th, 29 th, 32 nd, 35 th, 38 th, 41...

Excerpt: ...rrer Meet and Confer The Declaration of Daniel E. Eaton reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Discussion 1. First Cause of Action (Fraudulent Inducement); Fourth Cause of Action (Intentional Misrepresentation); Fifth Cause of Action (Negligent Misrepresentation). The first and fourth causes of action fail to allege who said exactly what, when and in what manner (orally or in writing), why such rep...

Excerpt: ...iff/Cross-Defendant Steven Jensen; (2) Defendant Clarence Kerr PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by personal delivery on August 27, 2019; continued to this date per September 19, 2019 minute order; (2) Served by e‐service on August 16, 2019. No objection to e‐service made in opposition.  Subject to modification after oral argument, DENY motion for terminating, issue, evident...

Excerpt: ...ba ABCO Trading Company;  <0048005600030052004900 >  DENY motion to strike in its entirety;  Defendant Fred Behfarin to answer the Complaint. ANALYSIS As an initial matter, Fred Behfarin purports to represent not only himself, but also Defendant ABCO Development Corporation dba ABCO Trading Company. <0047005200480056000300 000300440051005c0003[record of Fred Behfarin being a licensed attorney. Accordingly, he cannot represent ABCO Develo...

Excerpt: ...Mo Jacob, Danny Rittman, Mansour Khatib, Michael Murray and Darren Dunckel; (2) No opposition filed; (3) Plaintiffs/Cross-Defendants RWJ Advanced Marketing, LLC, Gregory Bauer and Robert Warren Jackson PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b)): (1) ? Served by unspecified method on June 7, 2019; continued to this date per stip. & order; (2) OK. Served by mail on August 7, 2019; (3) OK. Served by ...

Excerpt: ...s filed on the merits without objecting to service, thereby waiving any defect:  DENY motion to strike ¶¶ 9, 15, 16, 17, 35, 49, 55, 56, 57, 75, 89, 95, 96, 97, 115, 129, 142, 155 (allegations regarding allegations prior to October 5, 2017);  SUSTAIN demurrer without leave to amend as to the first, fourth, fifth and sixth causes of action;  OVERRULE demurrer as to the second, third and seventh causes of action. ANALYSIS Motion to Strik...

Excerpt: ...tion, and Issue No. 2 re: the eleventh cause of action. ANALYSIS Request for Judicial Notice Defendant's request that the Court take judicial notice of court documents filed in this <0003005500480046005200 5500470056000c0011[ Motion for Summary Adjudication 1. Issue No. 1: “The undisputed material facts establish that there is no merit to <0047000300260044005800 0057004c005200510003>for Invasion of Privacy because Mr. Kerr's actions are protect...

Excerpt: ...se of action is as to Defendants Bradley Conroy and Amy Conroy as Trustees for the Conroy Family Trust; SUSTAIN demurrer to the third cause of action without leave to amend as to Conroy Commercial, Inc. ANALYSIS Demurrer 1. First Cause of Action (Breach of Implied In Fact Contract). “[T]he vital elements of a cause of action based on contract are mutual assent (usually accomplished through the medium of an offer and acceptance) and consideratio...

Excerpt: ...action without leave to amend, unless Cross‐Complainant Berendos Entities can articulate a reasonable possibility of successful amendment. ANALYSIS Demurrer Request for Judicial Notice Defendant's request that the Court take judicial notice of Interstate's 1AXC filed int his action and the December 12, 2018 jury verdict form in this action is GRANTED per Evid. Code § 452(d)(court records). Analysis 1. Fifth Cause of Action (Declaratory Relief)...

Excerpt: ...dged Conditionally Under Seal <0052005600560010002600 00510057005600030027[euk Lee and Hite USA, Inc. filed a Notice of Lodging Documents Conditionally under Seal. Per CRC Rule 2.551(3)(A), the Notice states that the documents will be publicly filed unless a party timely files and serves a motion or application for a sealing order. As no motion to seal has been timely filed, the documents lodged conditionally under seal shall be placed in the pub...

Excerpt: ...uses of action;  SUSTAIN both Defendants' demurrers to the eleventh (“fifteenth”) cause of action with leave to amend;  DENY both Defendants' motions to strike as to Page 2, line 2 re: conspiracy: and Page 7, ¶ 28; Page 9, ¶ 36, Page 10, ¶ 41, Page 12, ¶ 53, Page 14, ¶ 64, Page 17‐18, ¶ 81, Prayer, Page 21 re: punitive damages;  GRANT motion to strike punitive damage allegations at Page 16, ¶ 74, Page 18‐19, ¶ 86, Page 21...

Excerpt: ... of action;  SUSTAIN demurrer without leave to amend as to the eighth and ninth causes of action;  Defendants to answer the 1AC. ANALYSIS Demurrer 1. Sixth Cause of Action (Libel Per Se) and Seventh Cause of Action (Slander Per Se). “To plead such a cause of action [for defamation], [plaintiff] must set forth ‘either the specific words or the substance of' the allegedly defamatory statements. (Citations omitted).” Comstock v. Aber (20...

Excerpt: ...049004400590052[r of Defendant Sanjeev K. Seth, M.D. and against Plaintiff. Motion to Tax Costs ¿ Item No. 1 (Filing and motion fees). A prevailing party is entitled to recover filing fees. CCP § 1033.5(a)(1). Costs are recoverable even thought some costs pertain to aspects as to which the party seeking costs did not prevail. Mitchell v. Olick (1996) 49 Cal.App.4th 1194, 1199-1201. Thus, filing fees for unsuccessful motions/applications will no...

Excerpt: ...pt electronic service on file, and, in particular, as to non‐party Mojave Foods. However, an opposition was filed on the merits without objecting to any defect in notice.  DENY motion to compel compliance with deposition subpoena in its entirety;  GRANT Mojave Foods' request for sanctions in the reduced amount of $3,500. ANALYSIS Motion to Compel Compliance with Deposition Subpoena Plaintiff moves to compel third party Mojave Foods to com...

Excerpt: ...er CCP § 1005(b). However, an opposition was filed on the merits, thereby waiving any defect in notice.  DENY motion to stay action. ANALYSIS Motion to Stay <0050005200590048005600 00570044005c00030052[f the proceedings until the criminal or juvenile proceedings against Defendant/Cross-Defendant Andrew Figueroa are completed and until the Court appoints a Guardian Ad Litem. As an initial matter, the Court does not view the absence of a Guardi...

Excerpt: ...As an initial matter, attorney's fees cannot be awarded against Plaintiffs Fiona Wenyi Chen and Tiffany Ying Xu, who voluntarily dismissed their Complaint on August 20, 2018, nor against Plaintiffs Kim Hui and Yiwen Yen, who voluntarily dismissed their Complaint on September 17, 2018. Civil Code § 1717(b)(2): “Where an action has been voluntarily dismissed . . . there shall be no prevailing party for purposes of this section.” As to the rema...

Excerpt: ... 4, 2019.  DENY motion to dismiss. ANALYSIS Requests for Judicial Notice Defendants' request that the Court take judicial notice of various court records is GRANTED per Evid. Code § 452(d)(court records). “Motion to Dismiss” Defendant North American Title Company's joinder in the oppositions filed by Defendants Allen, Walker and White is GRANTED as timely. Plaintiff moves pursuant to CCP § 473 to set aside the February 22, 2019 order dis...

Excerpt: ...RC Rule 2.251 (b)(1). Nonetheless, oppositions were filed on the merits without objecting to any defect in service, thereby waiving any such defect.  OVERRULE demurrer to fourth cause of action;  DENY motion to strike as to Prayer for Relief, ¶ 6, page 19 re: punitive damages.  Defendant to answer the Complaint. ANALYSIS Demurrer 1. Fourth Cause of Action (Fraudulent Inducement—Concealment). Defendant argues that there are no material...

Excerpt: ... Discrimination in Violation of the FEHA); Third Cause of Action (Gender Discrimination in Violation of the FEHA). Plaintiff alleges that she was treated less favorably than other individuals outside her protected class (an African-American woman). Plaintiff alleges that Defendant Hernandez: ordered Plaintiff that she was to ignore BVBES Principal Madeline Gygli, and not work cooperatively with other afterschool programs such as LA's Best. Compla...

Excerpt: ...003005200 00560003005800530052[n objections directed to evidence which the Court deems to be material to the disposition of this motion. Objection to Excess Pages in Brief OVERRULED. The Court will exercise its discretion to consider the entirety of Defendant's points and authorities. Declaration of Jose Low Nos. 1, 2: SUSTAINED. As discussed below, Low testified at his deposition that he worked for Zerep Management. Where a party's self-serv...

Excerpt: ...punitive damages.  Defendant to answer the Complaint. ANALYSIS Demurrer 1. Fourth Cause of Action (Fraudulent Inducement—Concealment). Defendant argues that there are no material facts to support the element of concealment nor a duty to disclose. Here, the Complaint alleges at ¶¶ 17 -55, 146 - 150 that, as of the time of the sale of the vehicle to Plaintiffs in March 2016, Defendant knew of CVT defect and its safety risks, but failed to di...

Excerpt: ...leader on November 4, 2016. The Complaint alleges that on July 29, 2014, Debtor Banning at 8 th Street, LLC (“Debtor” or “Banning LLC”) commenced a voluntary Chapter 7 petition in the U.S. Bankruptcy Court. Todd Frealy was appointed the Chapter 7 Bankruptcy Trustee. At the time of the bankruptcy filing, Debtor owned real property located at 806 and 860 Ramsey Street in Banning, California (the “Banning Property”). Pursuant to the orde...

Excerpt: ...00 00560003005800530052[n objections directed to evidence which the Court deems to be material to the disposition of this motion. Plaintiff's Objections to new evidence submitted for the first time in support of the reply are SUSTAINED. The Court exercises its discretion not consider such new evidence. Alliant <0053005300110017005700 001400160013001b0011[ Declaration of Jose Low No. 3: OVERRULED. Sufficient foundation; permissible opinion; goes t...

Excerpt: ...ack of foundation. No. 2: SUSTAINED. Lack of foundation. No. 3: SUSTAINED. Lack of foundation. No. 4: OVERRULED. Best evidence rule was repealed in 1998. Proper lay witness opinion. No. 5: OVERRULED as to Defendant offering Plaintiff only a list of closed positions or medically inappropriate positions, other than Graffiti Removal; otherwise, SUSTAINED—lack of foundation. No. 6: OVERRULED. Sufficient foundation and personal knowledge; best evide...

Excerpt: ...0049004400590052[r of Defendant Sanjeev K. Seth, M.D. and against Plaintiff. Plaintiff Fabian Ronisky moves for a new trial and for judgment notwithstanding the verdict. Motion for New Trial " '[T]he trial court is bound by the rule of California Constitution, article VI, section 13, that prejudicial error is the basis for a new trial, and there is no discretion to grant a new trial for harmless error. [Citation.] . . . The grant of a new...

Excerpt: ...e: the fifth cause of action only; DENY the remainder of the motion for summary adjudication as to Issues Nos. 1, 2, 3 and 7 [Issues Nos. 5 and 6 were not presented in the separate statement and will not be ruled upon.] ANALYSIS Request for Judicial Notice <0047000300440003004700 005a004b004c0046004b[ includes a “Request for Judicial Notice,” she does not specify the documents as to which she seeks judicial notice. Accordingly, the request fo...

Excerpt: ...iled on the merits, thereby waiving any defect in notice for purposes of this motion only.  16/21 (CCP § 1005(b)): OK. Served by electronic service on May 6, 2019.  OVERRULE demurrer to fourth through seventh causes of action;  DENY motion to strike as to ¶¶ 154, page 21; Prayer for Relief, ¶ 6, page 26; ¶ 157, page 22; ¶ 158, page 22; ¶ 159, page 22, ¶ 166, page 24, ¶ 167, page 24; ¶ 168, page 24; ¶ 176, page 25; and Prayer f...

Excerpt: ...19 minute order.  DENY motion for protective order in part and GRANT motion for protective order in part as set forth below;  DENY Plaintiffs' request for sanctions. ANALYSIS Motion for Protective Order Defendants move for a protective order regarding the deposition of Rockport Administrative Services' former Quality Assurance Nurse, Cyril Tena, to preclude Quality Assurance matters from being inquired into, and any review completed by Tena...

Excerpt: ... HISTORY:  07/25/18: Complaint filed.  11/06/18: First Amended Complaint filed. STATEMENT OF FACTS This is an action to enforce guarantees of commercial loans. Defendant Richard Houng moves to compel the deposition of the custodian of records and person(s) most knowledgeable for Plaintiff Tongfang Global Inc. and requests sanctions. Plaintiff Tongfang Global Inc. moves for a protective order on depositions and requests sanctions.  GRANT ...

Excerpt: ..., 2019; (3) OK. Served by mail on April 19, 2019.  GRANT notice of joinder;  GRANT both motions to compel arbitration and stay proceedings. ANALYSIS Notice of Joinder Defendant Gordon Laboratories, Inc.'s notice of joinder in the motion to compel arbitration filed by Defendant Staffmark Investment, LLC is GRANTED as timely. Defendant Staffmark Investment, Inc.'s Motion to Compel Arbitration Request for Judicial Notice Defendant's request th...

Excerpt: ... Plaintiff's request that the Court take judicial notice of various judicial records filed in this action and in BC723296 is GRANTED per Evid. Code § 452(d)(court records). Discussion Defendant Statewide Beverage Company, Inc. moves to set aside default entered against it. As an initial matter, although Plaintiff filed a 1AC on June 5, 2019 after Defendant's default had been entered on February 8, 2019. Defendant's default was not reopened, beca...

Excerpt: ... Homayun Popal, and Masih Rassoli PROOF OF SERVICE:  Correct Address: (1) Yes; (2) ?; Served by email, but email address was not listed on POS; however, an opposition was filed on the merits without objecting to any defect in notice, thereby waived any such defect; (3) ?; Served by email, but email address was not listed on POS; however, an opposition was filed on the merits without objecting to any defect in notice, thereby waived any such de...

Excerpt: ...Y motion to strike the prayer for punitive damages at Page 21:21, ¶ f;  Defendant is ordered to answer the 1AC within 20 days. ANALYSIS Pursuant to the July 18, 2019 minute order, the Court determined that no further meet and confer declaration is required and continued the hearing to this date. Demurrer Discussion: 1. Seventh Cause of Action (Fraud by Omission). A. Re: Statute of Limitations. A cause of action for relief on the ground of fra...

Excerpt: ...§ 1005(b)): (1) – (6) OK. Served by mail on March 28, 2019  SUSTAIN Defendant Marcie Wang's demurrer to the 23 rd, 24 th, 44 th, 45 th, and 52 nd causes of action with leave to amend;  SUSTAIN Defendant Jonathan C.M. Lau's demurrer to the 2 nd, 3 rd, 5 th, 6 th, 14 th, 15 th, 17 th, 18 th, 20 th, 21 st, 24 th, 26 th, 27 th, 29 th, 30 th, 32 nd, 33 rd, 35 th, 36 th, 38 th, 41 st, 42 nd, 47 th, 48 th, 51 st and 52 nd causes of action with ...

Excerpt: ...empt proceeding against Romana Cias, this motion for protective order does not seek a protective order against a contempt proceeding. Accordingly, no such protective order re the contempt proceedings will be considered, nor issued. To the extent Cias requests that the Court discharge the OSC against her (Cias Decl., ¶ 9), this request is DENIED. <0057004c00590048000300 004600580056004c0051[g her from sitting for her deposition on the ground that...

Excerpt: ...nstruction Services; (2) Defendant/Cross-Complainant/Cross-Defendant LTD Construction Services, GP d/b/a Walton Construction Services; (3) Plaintiff Liberty Surplus Insurance Corporation PROOF OF SERVICE:  Correct Address: (1) Email; (2) Email; (3) Yes.  16/21 (CCP § 1005(b): (1) OK. Served by email on May 14, 2019; (2) OK. Served by email on May 15, 2019; (3) OK. Served by Federal Express delivery on May 30, 2019; continued to this date p...

Excerpt: ...inst Defendant Kamran Staffing, Inc. and attorney Jason E. Guerra. ANALYSIS Motion for Terminating, Evidence, Issue and/or Monetary Sanctions Request for Judicial Notice Plaintiff's request that the Court take judicial notice of documents filed in this action is GRANTED per Evid. Code § 452(d)(court records). Analysis Plaintiff moves for terminating, evidence, issue and/or monetary sanctions against Defendants Kamran Staffing, Inc. and Versa Log...

Excerpt: ...Anti-SLAPP Special Motion to Strike Plaintiff/Cross-Defendant Steve Griggs brings an anti-SLAPP special motion to strike as to the first cause of action asserted in the Cross-Complaint. Discussion 1. Re: Whether the Causes of Action Are Subject To Being Stricken Pursuant to CCP § 425.16. <0025005500480044004600 00580046004c00440055[y Duty—29 U.S.C. § 501(a)). Close scrutiny of the first cause of action reveals that it is not subject to being ...

Excerpt: ...ova Energy Corporation and Sunnova Asset Portfolio 5, LLC move to file under seal information and documents in connection with Sunnova's motion for good faith settlement determination. The CRC Rules pertaining to motions to seal apply to settlement agreements. See, e.g., Universal City Studios, Inc. v. Superior Court(2003) 110 Cal.App.4th 1273, 1283-84. A motion seeking an order sealing the record must be accompanied by “a declaration containin...