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: ... 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...