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...