Excerpt: ...ons are OVERRULED. As a preliminary matter, the opposition was timely filed and served by electronic service on December 15, 2022, nine court days before the hearing. (CCP § 1005(b).) Oppositions shall be served in a manner “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time” the opposition is filed. (CCP § 1005(c).) Electronic service under CCP § 1010.6 i...

Excerpt: ...ed on May 19, 2022 and September 13, 2022. Plaintiff seeks the striking of defendant's Answer and entry of default against defendant. On May 19, 2022, the Court heard plaintiffs' unopposed Motion to Compel Defendant Johanne Bouchereau to Provide Further Responses to Form Interrogatories-General, Set One; Special Interrogatories, Set One; and Requests for Production of Documents, Set One. (Suh Decl. ¶ 12.) The Court ordered defendant to serve fur...

Excerpt: ...ion and second cause of action for failure to prevent discrimination on the ground that individual supervisors or coworkers cannot be held liable under the Fair Employment and Housing Act (“FEHA”). (See Compl. ¶¶ 21, 26, 28, 29 [first and second causes of action brought under FEHA].) “[I]ndividuals who do not themselves qualify as employers may not be sued under the FEHA for alleged discriminatory acts.” (Reno v. Baird (1998) 18 Cal.4th...

Excerpt: ...facts showing malice, oppression, or fraud. As a preliminary matter, punitive damages may be available in actions “for the breach of an obligation not arising from contract.” (Civ. Code § 3294(a).) It is undisputed that the first cause of action for Breach of CC&Rs and the second cause of action for Enforcement of Equitable Servitude are contract-based causes of action. With respect to the fifth cause of action for Declaratory Relief, damage...

Excerpt: ... on September 12, 2022. As a preliminary matter, the declaration of defendant Jose L. Reynoso in support of the motion was untimely filed and served by email on November 28, 2022. Based on the hearing date of December 15, 2022, the deadline to serve the declaration by email was November 17, 2022. (CCP §§ 1005(b) [deadline to serve and file motions is 16 court days before hearing]; 1010.6(a)(4)(B) [two court days added for email].) Because plain...

Excerpt: ...oe 1. With respect to the circumstances concerning Shabtaie's addition to this action as a defendant, plaintiffs Paul Rodriguez and Rodriguez Entertainment, Inc. defined “Defendants” to include Doe 1 in the Complaint and First Amended Complaint (“FAC”). (Compl. at 1:1-8; FAC at 1:1-9.) Doe 1, among other Doe defendants, allegedly participated in, counseled, or helped conceal defendants' wrongful acts. (Compl. ¶ 11; FAC ¶ 11.) Plaintiffs...

Excerpt: ...ent that defendants have not paid the entirety of the monetary sanctions (Voskanyan Reply Decl. ¶ 3 & Ex. 2), plaintiff may enforce the order imposing monetary sanctions immediately as an independent monetary judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615 [holding that monetary sanctions have the force and effect of a money judgment, and are immediately enforceable through execution].) Thus, there is no need for a furthe...

Excerpt: ...are OVERRULED. Plaintiff Sarahi Salceda's requests for judicial notice are DENIED as “unnecessary to the resolution” of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Defendant FCA US, LLC, the manufacturer of the subject vehicle, seeks to compel arbitration of plaintiff's claims against them under the provisions of the Retail Installment Sales Contract (“RISC”), which plaintiff ...

Excerpt: ...laintiffs Susan Gradman and Wayne Gradman move for terminating sanctions, or in the alternative, issue or evidentiary sanctions against defendant Parkview Limited Investors, LP for purportedly violating the Court's August 25, 2022 discovery order. (Goodfried Decl. ¶ 3 & Ex. A.) Plaintiffs argue that defendant did not produce all documents requested in Demands for Production, Set One, Nos. 3, 6-15, and 18-20. The August 25, 2022 minute order stat...

Excerpt: ...th of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564- 69.) Defendants' request to take judicial notice of the request for dismissals filed on December 7, 2021 and March 14, 2022 are GRANTED, pursuant to Evidence Code § 452(d). Plaintiff Gema Cisneros moves for leave to file a First Amended Complaint (“FAC”). Plaintiff seeks to add a cause of action for Negligent Hiring, Supervision,...

Excerpt: ...Court lacks jurisdiction over it. (See CCP § 418.10(a).) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence. [Citation.] This may be done through presentation of declarations, with opposing declarations received in response.” (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.4th 556, 568.) As a preliminary matter, the opposit...

Excerpt: ...f moves for the appointment of the court clerk as elisor to execute sale documents, including, but not limited to, the grant deed and escrow instructions. The Judgment ordered defendant K. Janet Haywood, as an individual and/or owner of defendant 8424 Western Plaza, LLC (“8424 Western Plaza”) to sign and return to New Era Escrow (“Escrow”) a grant deed, amended escrow instructions, and all other necessary forms to complete the escrow sale...

Excerpt: ...y way of parents, and located in the United Arab Emirates due to employment. Under CCP § 418.10(a)(2), a defendant may move to dismiss an action on the ground of inconvenient forum. Motions to dismiss due to inconvenient forum pertain to when the alternative forum is located outside of California. CCP § 410.30(a) [“When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard...

Excerpt: ...ovenant of Good Faith and Fair Dealing The elements of a breach of the implied obligation of good faith and fair dealing in a first party failure to pay case is: (1) plaintiff suffered a loss covered under an insurance policy with defendant; (2) defendant was notified of the loss; (3) defendant unreasonably failed to pay or delayed payment of policy benefits; (4) plaintiff was harmed; and (5) defendant's failure to pay or delay in payment of poli...

Excerpt: ...(1982) 128 Cal.App.3d 965, 970-71 [applying CCP § 1008(b) to motion for summary judgment].) The declaration in support of the motion complies with CCP § 1008(b). Defense counsel's declaration states that defendant filed a motion for summary judgment on March 21, 2022, before the Hon. Curtis A. Kin. (Nitschke Decl. ¶¶ 4, 5 & Ex. 1.) The declaration specifies that the motion was granted in part and denied in part on July 14, 2022. (Nitschke Dec...

Excerpt: ...el Jesus Moreno Arzate's Reply to Opposition, filed November 8, 2022. That filing was an unauthorized Sur-Reply. Counsel is admonished to comply with the applicable rules and procedures that govern proceedings in this Court. On December 10, 2021, petitioner was allegedly injured while riding in a bus operated by respondent Los Angeles County Metropolitan Transportation Authority. (Snyder Decl. ¶ 2 & Ex. A.) A claim relating to a cause of action ...

Excerpt: ...the document, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant Ashley Liu's evidentiary objections are OVERRULED. Plaintiff seeks an order pursuant to Civil Code § 3295(c) permitting her to conduct discovery into defendant's financial condition. “[B]efore a court may enter an order permitting discovery of a defendant's financial condition, it must (1) wei...

Excerpt: ...) the plaintiff's ownership or right to possession of personal property; (2) the defendant's disposition of the property in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 119.) Defendant argues that plaintiff does not allege when or how defendant converted the property at issue. Plaintiff alleges that defendant transferred...

Excerpt: ...P §§ 1032(a)(4), (b).) A. MEDIATION Defendant seeks to tax $5,450 that plaintiff claims for a mediation with JAMS. (Al Faiz Decl. ¶ 6 & Ex. 1 [receipt from JAMS].) Mediation expenses are not expressly disallowed. (See CCP § 1033.5(b).) The Court thus has discretion to allow this expense. (CCP § 1033.5(c)(4).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its p...

Excerpt: ...o Compel Further Responses to Form Interrogatories, Set Two is GRANTED IN PART. Plaintiffs' Motion to Compel Further Responses to Special Interrogatories, Set Two is GRANTED IN PART. Plaintiffs' Motion to Compel Further Responses to Requests for Production, Set Two is GRANTED IN PART. I. MEET AND CONFER The parties dispute whether plaintiffs Western Diocese of the Armenian Church of North America and St. John Armenian Apostolic Church Hollywood, ...

Excerpt: ...old Benzo”). Under Section 3.02(g) of the First Amended and Restated Operating Agreement (“Operating Agreement”) of Gold Benzo, the parties are required to have the approval of at least 75% of the “outstanding Units” before “knowingly do[ing] any act in contravention of this Agreement or which would make it impossible to carry on the business of the Company.” (Abdelmalak Decl. ¶ 4 & Ex. A at § 3.02(j).) Under Section 3.02(n) of th...

Excerpt: ...Compel Testimony and Production of Documents from Third Party Samuel Richard is GRANTED IN PART. Plaintiff Omaro Ayloush's Motion to Compel Production of Documents from Defendant Michael Blank is GRANTED. A. MEET AND CONFER As a preliminary matter, plaintiff Omaro Ayloush adequately met and conferred before filing these three motions. From July 21, 2022 to August 17, 2022, plaintiff and defendants Warner Pacific Insurance Services, Inc. (“Warne...

Excerpt: ...ard, Mira Howard, and Universal Bridges, Inc. were entitled to an award of attorney fees for partially prevailing on their Special Motion to Strike. (9/20/22 Minute Order.) Defendants, however, did not provide detailed time and cost records. The Court thus continued the instant motion to allow defendants to submit these records, which defendants subsequently provided. (Supp. Saltz Decl. ¶ 3 & Exs. 1, 2.) The Court also permitted supplemental bri...

Excerpt: ... December 21, 2021. (Compl. ¶ 13; Spector Decl. ¶ 2 & Ex. A.) The Term Sheet offered by defendant states: “Non-binding offer between ThirdLove and Chelsea Handler. The parties understand and agree that, unless and until a long form Agreement has been executed and delivered, no contract or agreement involving the parties shall be deemed to exist and neither party will be under any legal obligation of any kind whatsoever with respect to any agr...

Excerpt: ...ses to Special Interrogatories, Set One is GRANTED IN PART. Plaintiff Michael Smith's Motion to Compel Further Responses to Requests for Production of Documents, Set One is GRANTED IN PART. Plaintiff Michael Smith moves to compel further responses to Form Interrogatories-General, Set One, Nos. 12.1-12.7, 13.1, 13.2, 14.1, 14.2, 15.1, 16.1-16.6, and 50.1-50.6; Special Interrogatories, Set One, Nos. 1-31; and Requests for Production of Documents, S...

Excerpt: .... ¶ 6); (2) fees incurred by attorney Steve Martini in the amount of $94,520.00 (Downs Decl. ¶ 7); (3) fees incurred by Murphy, Pearson, Bradley & Feeney (“MPBF”) in the amount of $1,613,321.00 (Watkins Decl. ¶ 16). The Court finds that Downs is entitled to recover attorney fees under Section 13.10 of the 2007 Amended Operating Agreement. (FAC Ex. 3.) On March 16, 2022, the Court, Hon. Rupert. A Byrdsong presiding, entered judgment in favo...

Excerpt: ...mental briefing concerning whether the contact information for sexual harassment complainants, as requested in Special Interrogatories, Set One, Nos. 39-41, should be disclosed to plaintiff on an “opt-out” or “opt-in” basis. After considering the supplemental briefing of plaintiff and defendant Legislative Counsel Bureau (“LCB”), the Court finds that the opt-out procedure is appropriate for this case. Defendant argues that, under the ...

Excerpt: ...istance of Cheung, defrauded him into entering into the purchase agreement for the subject property. (Proposed Cross-Complaint [“XC”] ¶¶ 14, 18, 21, 22; cf. FAC ¶ 13 [description of subject property].) Based on Kwon's false representations, Roger Han entered into an oral agreement with Kwon and Cheung, whereby he signed a purchase agreement. (XC ¶¶ 16-18.) In exchange, the parties agreed that the purchase price in the written agreement w...

Excerpt: ...ssary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs.” (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) “Only if the costs have been put in issue via a motion to tax costs must supporting documentation be submitted.” (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267.) As a preliminary matter, with respect to $969 in cou...

Excerpt: ... in a protected activity. The elements of a violation of Labor Code § 98.6 are: (1) the employee engaged in protected activity; (2) the employer subjected the employee to an adverse employment action; and (3) the employee's protected activity substantially motivated the employer's adverse employment action. (Garcia‐Brower v. Premier Automotive Imports of CA, LLC (2020) 55 Cal.App.5th 961, 977.) Protected activity includes making a written or o...

Excerpt: ...ly. Ultimately, the sur-reply is not dispositive because, even considering just the arguments presented in the motion, opposition, and reply, the motion would be denied. The Court notes, however, its concern that defense counsel may have “felt the proper course of action was to file the supplemental brief[] without leave to do so” (10/24/22 Keeton Decl. ¶ 3), which, if true, is the sort of unprofessional and unseemly conduct that would warra...

Excerpt: ...red by the Court on April 28, 2022. (Koulloukian Decl. ¶ 5 & Ex. 1.) Plaintiff contends that, on August 29, 2022, arbitration provider JAMS served a letter, entitled “Commencement of Employment Arbitration and Notice of Appointment of Arbitrator” (“Commencement Letter”), dated August 29, 2022, by email to all counsel, including defense counsel. (Koulloukian Decl. ¶ 8 & Ex. 4; Koulloukian Reply Decl. ¶ 3 & Ex. 1.) This Commencement Lett...

Excerpt: ... Jonathon Polter to arbitration. (Wagner Decl. ¶ 4 & Ex. 1 at § 12.1 [“If any dispute arises between the Members regarding this Agreement or any provision hereof, that dispute shall be resolved through a binding arbitration proceeding to be conducted in the State of California in accordance with the commercial arbitration rules of the Rabbinical Council of California”].) Plaintiff's claims arise of the Agreement. (Compl. ¶¶ 13, 14, 16.) W...

Excerpt: ...iff William E. Rice moves to tax $24,892 of the costs claimed by defendant Nixon Peabody LLP. Nixon Peabody is entitled to claim costs as “a defendant as against those plaintiffs who do not recover any relief against that defendant.” (CCP §§ 1032(a)(4), (b).) “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that were not reasonable or necessary. On the other hand, ...

Excerpt: ...sts, and Interest is CONTINUED. According to the Order Extending Time to File Opposition and Reply to Petitioner's Motion for Post- Judgment Attorney Fees, Costs and Interest (“Order Extending Time”) entered by the Court on October 6, 2022 pursuant to stipulation, judgment debtor William E. Rice's deadline to file the opposition was October 3, 2022. As opposition was filed on behalf of judgment debtor Rice on October 4, 2022. Nevertheless, th...

Excerpt: ...ollectively, “Healthy Start Defendants”) move for a determination that the settlement they reached with plaintiffs Salvador Barrios and Elena Barrios, as well as third-party Oscar Aldrete, who was also involved in the subject accident, was reached in good faith. Under the proposed settlement, the Healthy Start Defendants are to pay $1,000,000 total, with $940,000 to plaintiffs and $60,000 to Aldrete. (Attia Decl. ¶ 7 & Ex. E at ¶ 1.) On Apr...

Excerpt: ...nt, as is required by Rule of Court 2.112(4). The fourteenth cause of action is asserted against all defendants, according to its heading. The other causes of action do not state in their headings the defendants against whom they are directed, which is in violation of Rule of Court 2.112(4). However, the other causes of action incorporate all prior allegations, including paragraphs 7- 10, which contain allegations against Doe 1. The other causes ...

Excerpt: ... the subject vehicle collision, defendant Beliakoff suffered an unforeseeable loss of consciousness, which is an absolute defense to negligence. “California has approved the rule of Cohen v. Petty, 62 App.D.C. 187, 65 F.2d 820, that as between an innocent passenger and an innocent fainting driver, the former must suffer.” (Ford v. Carew & English (1948) 89 Cal.App.2d 199, 203, citing Waters v. Pacific Coast Dairy, Limited Mut. Compensation In...

Excerpt: ...rer was not accompanied by a meet and confer declaration, as required by CCP § 430.41(a)(3)(A). The declaration filed with the moving papers only serves to authenticate documents that Robinson contends supports his arguments. Nevertheless, in the reply, Robinson attaches emails evidencing an effort to meet and confer before filing the demurrer. (Armstrong Reply Decl. ¶ 2 & Ex. 1.) Accordingly, the Court rules on the merits of the demurrer. Robi...

Excerpt: ...Service, Inc. (Rapaport Decl. ¶ 2.) The subpoena contains the following document requests: Without limiting the foregoing, this subpoena for employment records calls for the production of any and all DOCUMENTS and THINGS relating, pertaining, or referring to the following category prepared, created, or drafted at any time from November 15, 2019 to the present: 1. All applications for employment and resumes that CALLES submitted to You; 2. Any an...

Excerpt: ...Ambulance Service, Inc. (“AMRAS”) and American Medical Response of Southern California (“AMRSC”) seek terminating, issue, or evidentiary sanctions for violation of a court order compelling responses to discovery. On March 29, 2022, the Court granted defendants' motion to compel responses to the first sets of Form Interrogatories-General, Form Interrogatories-Employment, Special Interrogatories, and Requests for Production of Documents. (K...

Excerpt: ...covery. On May 12, 2022, the Court granted defendant's motion to compel responses to the first sets of Form Interrogatories-Employment, Special Interrogatories, and Requests for Production of Documents. (Schnayerson Decl. ¶ 11 & Ex. F.) Plaintiff did not file any written opposition beforehand. (Schnayerson Decl. ¶ 11 & Ex. F.) The Court ordered plaintiff to serve written verified responses, without objection, to Form Interrogatories-Employment,...

Excerpt: ....20 after prevailing on appeal. As a preliminary matter, based on the hearing date of October 6, 2022, the deadline to serve and file the opposition was September 22, 2022. (CCP § 1005(b) [opposition deadline is nine court days before hearing date – September 23, 2022 was a court holiday].) The opposition was untimely served and filed on September 27, 2022. However, because defendants were able to address the substantive merits of defendant's ...

Excerpt: ...e resolution” of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Plaintiffs' evidentiary objections are OVERRULED. ISSUE NO. 1: Plaintiffs are entitled to summary judgment, or in the alternative summary adjudication, that the Parkview Limited Partnership has been terminated and must be dissolved on at least three (3) separate and independent grounds (any single one of which supports sum...

Excerpt: ... of the allegations in the pleading. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Counsel for plaintiffs' declaration constitutes extrinsic evidence that is not considered on demurrer. I. FIRST CAUSE OF ACTION – BREACH OF THE COVENANT OF QUIET ENJOYMENT Defendants Eva E Moreno and Eva E Moreno Trust argue that plaintiffs Debraha Williams, Jazaha Williams, and Josiah Williams were not legally entitled to quiet enjoyment of the subject property b...

Excerpt: ...ing it would grant the motion, finding that defendants' assertion of its Seventeenth Additional Defense and related positions in this litigation waived defendants' asserted privilege as to the discovery at issue. The Court, however, continued the hearing to allow defendants the opportunity to decide whether to modify its litigative position in order to avoid the finding of waiver. (See, e.g., Transamerica Title Ins. Co. v. Superior Court (1987) (...

Excerpt: ...d 2031.320(c) due to plaintiff's failure to serve a privilege log, which was ordered by the Court on May 10, 2022. (Walker Decl. ¶ 3 & Ex. B.) The Court finds that monetary sanctions are not warranted. Defendant is correct that, prior to service of supplemental responses on May 27, 2022 (Walker Decl. ¶ 8 & Ex. E), plaintiff should have thoroughly reviewed the documents produced in response to defendant's Requests for Production, Set One and det...

Excerpt: ...ons Code § 308(c), “[a] provisional director shall have all the rights and powers of a director until the deadlock in the board or among shareholders is broken or until such provisional director is removed by order of the court or by approval of the outstanding shares (Section 152). Such person shall be entitled to such compensation as shall be fixed by the court unless otherwise agreed with the corporation.” Brown now seeks an order reimbur...

Excerpt: ...idence for which plaintiff provided in the declaration supporting its reply. (Pines Reply Decl. ¶¶ 21-24 & Es. 3-5.) Defendant Ambulnz Health, LLC does not dispute that plaintiff, who obtained a judgment in its favor at trial, is entitled to an award of reasonable fees under paragraph 31 of the Standard Industrial/Commercial Multi-Tenant Lease between plaintiff and defendant. (Pines Decl. ¶ 2 & Ex. A.) Defendant argues that plaintiff's request...

Excerpt: ...audulent inducement to enter into contract, the seventh cause of action for unjust enrichment, the eighth cause of action for money had and received, the ninth cause of action for conversion, and the eleventh cause of action for fraudulent business practices. Each of these causes of action is based on misrepresentations that allegedly induced plaintiffs to monetarily invest in Hills One. (FAC ¶¶ 123, 125 [fraud and deceit]; 132, 135 [negligent ...

Excerpt: ... and its assignors contributed $150,100 to the pizzeria. (Compl. ¶¶ 10, 16, 30, 37.) “In determining the merits of a demurrer, all material facts pleaded in the complaint and those that arise by reasonable implication, but not conclusions of fact or law, are deemed admitted by the demurring party.” (Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 517.) Even though other paragraphs of the Complaint describe defendant's discussions with Rob Vinok...

Excerpt: ...et One is GRANTED. I. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES‐EMPLOYMENT, SET ONE Defendant WFS HTS, Inc. (“HTS”) moves to compel further responses from plaintiff Ai Agnes Sasaki to Form Interrogatory-Employment, Set One, Nos. 200.1, 200.4, 201.1-201.7, 202.1, 203.1, 205.1, 207.1, 207.2, 208.1, 210.1-210.3, 210.5, 210.6, 212.1-212.7, 213.1, 213.2, 215.1, and 215.2. As preliminary matter, the fact that HTS may have asserte...

Excerpt: ...C”). Generally, “[E]motional distress damages are not recoverable when attorney malpractice leads only to economic loss.” (Camenisch v. Superior Court (1996) 44 Cal.App.4th 1689, 1691.) A plaintiff may not recover damages for emotional distress arising from a legal malpractice action as “the foreseeability of serious emotional harm to the client and the degree of certainty that the client suffered such injury by loss of an economic claim ...

Excerpt: .... B.) Defendants contend the following: (1) this is an improper motion for reconsideration of the Court's August 18, 2022 order sustaining their demurrer to the Fourth Amended Complaint without leave to amend; (2) this motion violates the August 18, 2022 order sustaining the demurrer; and (3) the proposed Fifth Amended Complaint is futile because South Gate Tweedy, LLC, a proposed defendant in the Fifth Amended Complaint, was dismissed in the Aug...

Excerpt: ...ant Kia Motors America Inc.'s evidentiary objections 6-33 are SUSTAINED. All other evidentiary objections from plaintiffs and defendant are OVERRULED. The parties agree that plaintiffs Gerardo Ruiz and Lupe Ruiz were prevailing parties in this action and, under Civil Code § 1794(d), may recover as part of the judgment a sum to cover attorney fees based on actual time expended and determined by the Court to have been reasonably incurred in connec...

Excerpt: ... Motion to Strike Portions to Complaint by Defendant Haruko Minakawa, as Trustee of the Minakawa Trust is DENIED. I. DEMURRER TO COMPLAINT FROM DEFENDANT THOMAS OKABE DBA ALTA PROPERTIES A. Misjoinder of Parties Defendant Thomas Okabe dba Alta Properties demurs to the entire Complaint on the ground that plaintiffs were improperly joined in the action. (CCP § 430.10(d) [allowing for demurrer for misjoinder of parties].) Okabe argues that the “p...

Excerpt: ...the resolution” of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Defendant Nissan North America, Inc., the manufacturer or distributor of the subject vehicle, seeks to compel arbitration of plaintiffs Luis Rivas and Rosa Garcia's claims against it under the provisions of the Motor Vehicle Lease Agreement (“Lease Agreement”). (Chung Decl. ¶ 4 & Ex. 3.) The Court finds that defenda...

Excerpt: ...n this action does not override the right of public access to court records. “[T]he public has an interest, in all civil cases, in observing and assessing the performance of its public judicial system, and that interest strongly supports a general right of access in ordinary civil cases.” (NBC Subsidiary (KNBC‐TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1210.) California recognizes a common law and First Amendment right of access to...

Excerpt: ...o Request for Production of Documents, Set One, Nos. 1, 7, 8, 11, 12, 17, 18, 20, 21, 22, 24, 25, 27, 28, 30, 31, 32, 34, 35, 42, 43, 50, 70-75, and 77-84. After the motion was filed, defendant served supplemental responses. (Neubauer Decl. ¶ 4 & Ex. A.) Plaintiffs withdrew the motion as to Request No. 12 but contend the responses to the other requests remain insufficient. (Neubauer Decl. ¶ 10.) The Court finds that plaintiffs demonstrate good ...

Excerpt: ...equests for leave to amend pleadings will normally be granted unless (a) the party seeking to amend has been dilatory in bringing the proposed amendment; and (b) the delay in seeking leave to amend will cause prejudice to an opposing party. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) Plaintiff commenced this action on October 9, 2019, asserting five causes of action under the Song- Beverly Consumer Warranty Act (“Song-Beverly Act�...

Excerpt: ...; and Prodigy Brands, LLC move for summary judgment, or alternatively summary adjudication. As a preliminary matter, the current causes of action against moving defendants are the first cause of action for Fraudulent Concealment, the second cause of action for Fraudulent False Promise, the fourth cause of action for Breach of Contract, and the fifth cause of action for Quantum Meruit. The third cause of action for Interference with Contract was s...

Excerpt: ...man Services Association et al. (21STCV25000) TENTATIVE RULING: Plaintiff Rosemary Ramos' Motion to Compel Defendant Human Services Association to Provide Further Responses to Request for Production of Documents, Set One (Reservation ID: 616825783059) is GRANTED IN PART. Plaintiff Rosemary Ramos' Motion to Compel Defendant Human Services Association to Provide Further Responses to Form Interrogatories-General, Set One (Reservation ID: 62895193931...

Excerpt: ...hen, Esq.'s evidentiary objections are OVERRULED. Defendant Guy Griffithe moves to set aside the default and default judgment entered against him on the grounds that he was not properly served. Defendant maintains that he did not have actual notice of this action at time default judgment was entered against him. (Griffithe Decl. ¶ 10.) Defendant maintains he discovered the existence of this action on or about January 21, 2022, after the entry of...

Excerpt: ...o Special Interrogatories, Set One is GRANTED IN PART. I. DEMANDS FOR PRODUCTION, SET ONE Plaintiff Susan Gradman, as Co-Trustee of the Fiske Living Trust of June 14, 1967, as Amended and Restated on January 29, 2015, moves to compel further responses from defendant Parkview Limited Investors, LP to Demands for Production, Set One, Nos. 1-15 and 17-20. Plaintiff's request for judicial notice is DENIED as “unnecessary to the resolution” of the...

Excerpt: ..., LLC's Motion for Judgment on the Pleadings is GRANTED. I. DEFENDANT AMERICAN HONDA FINANCE CORPORATION'S DEMURRER Defendant American Honda Finance Corporation (“AHFC”) demurs to the second cause of action for insurance bad faith on the ground that plaintiff purportedly fails to allege the existence of an insurance policy that can form the basis of a bad faith cause of action. As a preliminary matter, the reply to the concurrently heard moti...

Excerpt: ...a Binding Arbitration and Class Action, Collective Action, and Representative Claim Waiver Agreement (“Agreement”). (Blume Decl. ¶¶ 13, 14 & Exs. 1, 2.) Plaintiff argues that the Agreement must be rescinded because she signed it under economic duress. “The doctrine of ‘economic duress' can apply when one party has done a wrongful act which is sufficiently coercive to cause a reasonably prudent person, faced with no reasonable alternativ...

Excerpt: ...al Collection, Inc.; MMK International Inc.; and Rafi Shokrian to the First Amended Complaint (“FAC”). Further, since the filing of the FAC, FWD Future, LLC, Peach Medical LLC, and Eapen Enterprises purportedly assigned their claims to TRO, thereby eliminating a prior issue due to these other plaintiffs being represented by separate counsel. (Cf. Compl. [Margarita Salazar, Esq. as plaintiffs' counsel] with FAC [Tailim Song, Esq. as counsel fo...

Excerpt: ...ancial Insurance Services (“Colony West”) and Town and Country Financial and Insurance Group Inc. (“Town and Country”) concerning whether defendant Healthy Start has umbrella and/or excess insurance policy coverage for the automobile accident at issue in this case. Defendants Healthy Start-East LA, Inc. (“Healthy Start”), Daniel Tercero Neri, and Casa de Angeles Cal. Corp. (collectively, “Healthy Start Defendants”) move for a dete...

Excerpt: ...the Verified Fourth Amended Complaint (“4AC”). A. FIRST CAUSE OF ACTION: DISSOLUTION OF PARTNERSHIP Defendants contend that plaintiffs fail to allege the formation of a partnership, a prerequisite to the first cause of action for dissolution to partnership. A partnership requires “a sharing of profits as well as losses” and a “right to joint management and control of the business.” (Cislaw v. Southland Corp. (1992) 4 Cal.App.4th 1284,...

Excerpt: ...ings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.” “In the anti-SLAPP context, ‘good cause' requires ‘a showing that the specified discovery is neces...

Excerpt: ...ntiff identified Bembi as a witness to the events alleged in the action. (James Decl. ¶ 5 & Ex. C [response to Form Interrogatory No. 12.1].) For each of the questions at issue, as set forth in defendant's separate statement, Bembi objected based on the Fifth Amendment privilege against self-incrimination. “To the extent that such privilege exists under the Constitution of the United States or the State of California, a person has a privilege ...

Excerpt: ...he demurrer is an improper speaking motion or motion for summary judgment or adjudication. In a demurrer, while the Court considers only the four corners of the complaint, the Court may also consider matters that may be judicially noticed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Defendant's requests for judicial notice are well taken based on the statutes and case law cited below. Plaintiff did not oppose defendant's asserted bases for reque...

Excerpt: ... hired attorney Leslie Ellis of Ellis & Makus, LLP to conduct an investigation and provide a report to defendant. (Mtn. at 1:6-8.) As a preliminary matter, even though defendant sent a meet and confer letter on the day before the date of production specified in the subpoena (Lyon Decl. ¶ 14 & Ex. 2), CCP § 1987.1 does not require the moving party to meet and confer prior to the filing of the motion. Even though CCP § 1985.3(g) requires that no...

Excerpt: ...les' claims against them. The Court finds that plaintiff agreed to arbitration of the causes of action asserted in this action by signing the Mutual Arbitration Agreement (“Agreement”). (Mersiovsky Decl. ¶ 3(b) & Ex. 2 at 2.) The Agreement is properly authenticated. Defendants submit the declaration of Sharon Mersiovsky, a Senior Paralegal at Brink's, Incorporated (“Brink's”). (Mersiovsky Decl. ¶ 3.) Mersiovsky is charged with maintaini...

Excerpt: ...endants Family Choice Private Duty Agency, Inc. and Shellydale Princess Gray did not state sufficient facts to constitute any defense. Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts ‘averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.'” (Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758, 812-13, c...

Excerpt: ...son's Motion to Quash Deposition Subpoena Issued to CoraMed Healthcare is GRANTED. The deposition subpoenas issued to (1) Allied Universal Executive Protection and Intelligence Services, Inc., (2) Universal Protection Service, LP, and (3) CoraMed Healthcare are QUASHED. With respect to the deposition subpoenas issued to Allied Universal Executive Protection and Intelligence Services, Inc. and Universal Protection Service, LP, personnel files soug...

Excerpt: ...e Defendant's Interest in National Surgery Center Operations TWO, LLC is GRANTED. I. MOTION FOR ATTORNEY'S FEES On December 15, 2021, the Court entered default judgment against defendant Lee Marek, D.P.M., in the amount of $119,525. Plaintiff did not seek attorney's fees in connection with plaintiff's request for entry of default judgment, and the Court awarded none. Months later, on March 18, 2022, plaintiff Essam Taymour, M.D. filed the instant...

Excerpt: ...defendants Kairos University, Grace Kim, and Daniel Kim, joined by defendant Sierra States University, is SUSTAINED. Motion to Strike Portions of First Amended Complaint filed by defendants Kairos University, Grace Kim, and Daniel Kim, joined by defendant Sierra States University, is DENIED as MOOT. The Court GRANTS plaintiff ten (10) days leave to amend only for the causes of action and/or defendants with respect to which the demurrers are susta...

Excerpt: ...fault and default judgment entered against him on the grounds that he was not properly served. Defendant maintains that he discovered the existence of this action on or about January 21, 2022, after the entry of default judgment, when he investigated an unauthorized inquiry on his credit report. However, defendant sought the same relief in his motion heard on April 28, 2022. (RJN Ex. A.) The motion was denied because defendant did not sufficientl...

Excerpt: ...t a sum to cover attorney fees based on actual time expended and costs, and determined by the Court to have been reasonably incurred by the lessor in connection with the commencement and prosecution of this action. The Court finds that the $650 hourly rate charged by counsel for plaintiff in this action is reasonable. (Margarian Decl. ¶¶ 15-18.) However, the Court notes that relatively higher billing rate must necessarily correlate with reduced...

Excerpt: ...ly filed case, Assisted Living America, LLC v. BE La Cienega LLC et al., Case No. 19STCV25674 (“ALA Compl.” or “ALA Action”). In this action (“Isaacson Compl.” or “Issacson Action”), plaintiff Dean Isaacson is suing defendants Zachary Zalben, Darren Weinstock, and DBJKG, LLC in connection with a joint venture for the development of real property located at 1022-26, 1032, and 1042 S. La Cienega Blvd. in Los Angeles and construction...

Excerpt: ...ntitled to claim costs as a defendant in whose favor a dismissal was entered. (CCP §§ 1032(a)(4), (b).) As a preliminary matter, Acabal did not submit any documentation in support of her costs. “Once costs claimed in the memorandum are challenged via a motion to tax, ‘[d]ocumentation must be submitted' to sustain the burden.” (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1265, quoting Bach v. County of Butte (1989) 215 Cal.App.3d 294, 3...

Excerpt: ...d Lab Services Inc. and Anabelle Myers untimely filed their opposition on June 30, 2022, only seven court days from the hearing. (See CCP § 1005(b) [deadline to file opposition is nine court days from hearing].) Nevertheless, plaintiffs were able to file a substantive reply brief in response thereto. Therefore, the Court exercises its discretion and considers the opposition. (Cal. Rule of Court 3.1300(d) [“No paper may be rejected for filing o...

Excerpt: ... Enter and Inspect Premises is GRANTED. Plaintiff St. John Armenian Apostolic Church Hollywood, California moves to compel defendant Petros Taglyan to permit plaintiff to inspect the exterior and interior of the Taglyan Hall, also known as Taglyan Cultural Complex. (Beligan Decl. ¶ 6 & Ex. E.) On June 9, 2022, the Court continued the hearing on plaintiff's motion because plaintiff raised ae new argument in reply that inspecting Taglyan Hall is r...

Excerpt: ...Music Express Coach, Inc.'s (“Music Express”) failure to preserve the 2017 Lincoln Navigator in which plaintiff was involved in an automobile collision. The vehicle contained an event data recorder (“EDR”), which, in the event of a “non-trivial crash situation,” records how far the driver was depressing the accelerator and/or the brake pedal, how fast the vehicle was traveling, and where the driver was positioning the steering wheel. ...

Excerpt: ..., Sola Management LLC, Sola Rentals Inc., and Martin Muoto's Demurrer to Complaint is OVERRULED. Defendants Sola Impact Fund II GG, Sola Impact Fund II LP, Sola Impact Rental Company Inc., Sola Management LLC, Sola Rentals Inc., and Martin Muoto's Motion to Strike Portions of Complaint is OVERRULED. I. DEFENDANTS SYLVESTER MALONE AND DOROTHY N. MALONE'S DEMURRER TO COMPLAINT A. First Cause of Action: Negligence The Malone defendants argue that pl...

Excerpt: ... this action for unpaid rent is not ripe because defendant, a commercial tenant, has until January 31, 2023 to pay the rent. Section VI.C.2.a of the January 25, 2022 Resolution of the Board of Supervisors of the County of Los Angeles Further Amending and Restating the County of Los Angeles COVID-19 Tenant Protections Resolution states: “Commercial Tenants with nine (9) employees or fewer shall have until January 31, 2023 to repay unpaid rent in...

Excerpt: ...�) request for judicial notice of plaintiff Ernest Melendrez's complaint filed with the Department of Fair Employment and Housing is GRANTED. (Evid. Code §§ 452, 453.) With respect to the first cause of action, Retaliation under Qui Tam/California False Claims Act, the Church Defendants argue that plaintiff did not comply with Government Code § 12652(c)(2) and (c)(3) because plaintiff did not file the complaint under seal or serve the Attorney...

Excerpt: ...ission, and electrical issues in the subject vehicle (Compl. ¶ 8), plaintiff is entitled to discovery that is probative of (1) defendant's knowledge of engine, transmission, and electrical defects in 2015 Nissan Pathfinders, including in vehicles other than the subject vehicle, and (2) defendant's handling of complaints and repurchases. (Donlen v. Ford Motor Company (2013) 217 Cal.App.4th 138, 143-44; Doppes v. Bentley Motors, Inc. (2009) 174 Ca...

Excerpt: ... On February 15, 2022, the Court granted defendant's motions to compel responses to the first sets of Form Interrogatories, Special Interrogatories, and Demands for Production. (Perez Decl. ¶ 12 & Ex. C.) Plaintiff did not file any written opposition beforehand. (Perez Decl. ¶ 10.) Plaintiff attended the hearing on February 15, 2022 (Perez Decl. ¶ 12 & Ex. C at 2:3-4), when the Court ordered plaintiff to serve written verified responses, witho...

Excerpt: ...Hovannes Kiramittchian, and Arutuyan Gledzhan's entitlement to punitive damages and plaintiffs' prayer for punitive damages. Travelers argues that plaintiffs fail to plead specific facts demonstrating oppression, fraud, or malice. “In determining the merits of a demurrer, all material facts pleaded in the complaint and those that arise by reasonable implication, but not conclusions of fact or law, are deemed admitted by the demurring party.” ...

Excerpt: ...l defendant Petros Taglyan to permit plaintiff to inspect the exterior and interior of the Taglyan Hall, also known as Taglyan Cultural Complex. (Beligan Decl. ¶ 6 & Ex. E.) As a preliminary matter, the motion is timely filed based on objections that defendant served on February 22, 2022. (Beligan Decl. ¶ 7 & Ex. F.) This motion was timely filed on April 8, 2022, within 45 days of February 22, 2022. (CCP § 2031.310(c).) Defendant's citation to...

Excerpt: ...2) Requests for Admission, Set One; (3) Special Interrogatories, Set One; and (4) Form Interrogatories-General, Set One is GRANTED IN PART. Plaintiff L&C Corporation International, Inc. moves to compel further responses from defendant Sky Express World Courier, Inc. to Requests for Production, Set One, Nos. 1-54; Requests for Admission, Set One, Nos. 1-19 and 22-35; Special Interrogatories, Set One, Nos. 1-3, 7-63, and 65-76; and Form Interrogato...

Excerpt: ...nd 9 and plaintiff Morris Matloubian's requests for judicial notice as to Exhibits 2-5, 7-9, 11-14, and 19 are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendants' requests for judicial notice as to Exhibits 2, 4, 7, 8, 10-13 and plaintiff's requests for judicial notice as to Exhibits 1, 6, 10, and 15-18 ar...

Excerpt: ...ompelling plaintiff to submit to a neuro-psychological examination by Dr. Manuel Saint Martin, Ph.D. on June 10, 2022 at 9:00 a.m. This motion was timely served. Based on the proof of service filed on May 25, 2022, the moving papers were personally served on May 10, 2022, which was 16 court days from the hearing date. This is timely under CCP § 1005(b). Even if the time for plaintiff to respond to the Demand for Independent Mental Examination ha...

Excerpt: ...with defendant's counsel regarding defendant's objections to the deposition notice on August 16, 2021. (Hayes Decl. ¶ 10 & Ex. 3.) Defense counsel responded on August 24, 2021, largely standing by its objections, essentially arguing that this action is a “single-vehicle case” and that deposition topics and document requests not concerning the subject vehicle are not relevant. (Hayes Decl. ¶ 11 & Ex. 4 at 1.) Defense counsel concluded the me...

Excerpt: ...quests for judicial notice are DENIED as irrelevant. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) Defendants' evidentiary objections to the declaration of Fahim Farivar are all OVERRULED. I. STANDING A. Plaintiff Digital Ignition Entertainment, LLC “The failure of a foreign corporation to qualify to transact business prior to commencing an action is a matter of abatement of the action.” (United Medical Mgmt. v. Gatto (1...

Excerpt: ... arbitration of plaintiff Victor Manuel Montenegro's claims against it. I. EXISTENCE OF ARBITRATION AGREEMENT The Court finds that plaintiff agreed to arbitration of the causes of action asserted in this action by signing the Dispute Resolution Agreement. (Rouse-Tennison Decl. ¶ 9 & Ex. 2.) Defendant submits the declaration of Consuwella Rouse-Tennison, Director of Employee Relations. (Rouse-Tennison Decl. ¶ 2.) Rouse-Tennison avers that once a...

Excerpt: ...d Employees will receive their individual settlement payments first, before the Labor and Workforce Development Agency (“LWDA”), counsel, and the settlement administrator are compensated. (Zakay Decl. ¶ 12, fn. 4.) The Settlement provides that the Aggrieved Employees will be mailed payments no later than 15 calendar days after the “Funding Date.” or the date defendant Healthcare Investment, Inc. makes the last Installment Payment. (Settl...

Excerpt: ...hat all claims against them are time-barred. “[T]he statute of limitations begins to run when the plaintiff suspects or should suspect that his or her injury was caused by wrongdoing—when the plaintiff has notice of information or circumstances that would put a reasonable person on inquiry.” (San Francisco Unified School Dist. v. W.R. Grace & Co. (1995) 37 Cal.App.4th 1318, 1328.) With respect to Spragna, plaintiff Keyron Lamonte Binns alle...