Excerpt: ...etheless, on 10/3/19, plaintiffs filed an Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction, seeking the same relief sought in the instant motion. At a hearing on 10/16/19, the Court denied that ex parte application, finding plaintiffs failed to demonstrate a probability of success on the merits or irreparable harm. The instant motion has, nonetheless, remained on calendar. It is not clear whet...

Excerpt: ... is DENIED. As a preliminary matter, One United Bank's requests for judicial notice as to Exhibits J, K, N, and U are GRANTED insofar as the Court takes notice the existence of the documents, but not the truth of the matters asserted therein. (See Evid. Code § 452(d) [court records]; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) In addition, One United Bank's requests for judicial notice as to Exhibits L, M, O, P, and V are GRANTED, pur...

Excerpt: ...ted with malice for the purpose of punitive damages. As to the first and second grounds, a special demurrer for uncertainty must be “strictly construed” and only sustained where subject pleadings are so ambiguous and so unintelligible that they prevent a party from reasonably responding to the allegations before him or her. (Khoury v. Maly's of Cal., Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the Complaint states that due to Defendant's alle...

Excerpt: ...$57,020.00, as well as retention of $29,541.10.” (Compl. ¶ 25.) The Contract attached as Exhibit A to the Complaint states in Article II that the “Contractors Proposal” is made part of the contract. (Compl. Ex. A at p. C-1.) The “Contractor's Proposal,” which is attached as pages BP-1 through BP-61 of Exhibit A to the Complaint, includes on page BP-4 the Alternative Additive as part of the proposal and lists items A-1, A-2, and A- 10. ...

Excerpt: ... issues at the hearing on such motions:  The parties appear to agree that the Bankruptcy Court's 2/5/16 Order confirming Tayyar's 5th Amended Plan of Reorganization bars all of plaintiff One United's claims in the Complaint (EC060889) except for the late fees and attorney fees sought in the fifth and sixth causes of action for breach of contract. Shall those barred claims be dismissed (1) per stipulation of the parties, (2) upon oral request b...

Excerpt: ...ULED. The FAC sufficiently alleges the terms of a partly oral and written agreement (see FAC ¶¶ 11, 12, 20 & Exs. A,B, C) that is sufficient to withstand demurrer for uncertainty. (See Lande v. Southern Cal. Freight Lines (1949) 85 Cal.App.2d 416, 421 [“A-called partly written and partly oral contract is in legal effect a contract, the terms of which may be proven by both written and oral evidence”].) Indeed, such a demurrer for uncertainty...

Excerpt: ...Azrilyan (“Deanna”), and RX Ingredients, Inc. (“RXI”) in LASC Case No. LC 076314, in the amount of $225,000, which was renewed in May 2016 in the sum of $398,459.40. Plaintiff alleges that defendant Ilana Malaran is the wife or girlfriend of Stanley. The First Amended Complaint (“FAC”) alleges that, in August 2016, defendant 4600 Group acquired title to property in Sherman Oaks from a long-time friend of Stanley and Deanna, who formal...

Excerpt: ...ad been fully briefed. Indeed, plaintiff made the strategic decision simply to oppose the demurrer initially on the ground that BANA's brief was over the page limit set forth in CRC Rule 3.1113(d). Ultimately acknowledging the folly of that position one day before the initially scheduled hearing on the demurrer (see 12/5/19 Coplan Decl.), plaintiff thereafter filed the Supplemental Opposition merely three days before the instant hearing, leaving ...

Excerpt: ...ting an additional five days for service by mail under CCP § 1013(a), the demurrer and motion to strike were due by 8/14/19. Instead, they were filed and served four days late on 8/19/19. Because this was not the initial complaint, the parties were not permitted to stipulate to an extension of time without leave of Court. (See CRC Rule 3.110(d) [“The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time pe...

Excerpt: ...ordered to serve responses to Form Interrogatories, Set Two, and Special Interrogatories, Sets Two and Three, without objection, within 10 days. Plaintiff Anna Geylikman is further ordered to serve responses to Request for Production of Documents, Set Two, without objection, and to permit inspection and copying, within 10 days. Plaintiff Yury Geylikman is ordered to serve responses to Form Interrogatories, Set Two, and Special Interrogatories, Se...

Excerpt: ...h the parties' motion papers, declarations, and evidence with respect to both motions are largely similar (indeed, identical with respect to plaintiffs' filings), the Court will address each motion separately, as the declarations of Andrew S. Wachtel, M.D. submitted in support of each defendant's motion are tailored to each such motion. I. SUMMARY JUDGMENT MOTION OF DEFENDANT ANAND In support of his motion, Dr. Anand has submitted the declaration...

Excerpt: ... for rescission of the agreement. With respect to whether the arbitration agreement at issue is unconscionable, the Court further finds that plaintiff has failed to meet his burden to so establish. Insofar as plaintiff contends the subject Arbitration Agreement is procedurally unconscionable because it arose in the employment context where the parties' bargaining positions were unequal, this fact alone gives rise to only a very low degree of proc...

Excerpt: ...s of defendants being served by mail with the First Amended Complaint, they were instead filed and served seven days late. This is not the initial pleading. Consequently, the parties were not permitted to stipulate to extend the time to respond without a Court order. (See CRC Rule 3.110(d) [“The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the ini...

Excerpt: ...djudication or grant a continuance. (Dee v. Vintage Petroleum, Inc. (2003) 106 Cal.App.4th 30, 34-35; Frazee v. Seely (2002) 95 Cal.App.4th 627, 633; CCP § 437c(h).) Here, the Declaration of David Semelsberger establishes that, since June 2019, plaintiffs have in good faith and with reasonable diligence been requesting the depositions of at least nine defendant-affiliated witnesses, including managing agent Mike Nijjar, but were not able to set ...

Excerpt: ...entation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justi¿able reliance; and (e) resulting damage.'” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 974.) “To withstand a demurrer, the facts constituting every element of fraud must be alleged with particularity, and the claim cannot be salvaged by references to the g...

Excerpt: ...2(f), the notice of the hearing and a copy of the petition for a special needs trust could be delivered to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at least 15 days before the continued hearing on such petition; and (2) in accordance with LASC Rule 4.115(c), the proposed special needs trust could be reviewed by the Probate Department for compliance with LASC Rule 4.116...

Excerpt: ...ach of Plaintiff Skylight's five causes of action is barred by the doctrine of estoppel by contract, as codified by Evidence Code Section 622. (Estate of Wilson (1976) 64 Cal.App.3d 786, 801 [“The conclusive presumption of section 622 is nothing more than the doctrine of ‘estoppel by contract'”].) The parties do not dispute there was a prior unlawful detainer (“UD”) action filed by Zephyr against Skylight. [UMF No. 5, Undisputed]. In th...

Excerpt: ...s are complex and whether the moving party has made a good faith effort to obtain agreement to the consolidation. (See CCP § 403.) In addition, the notice of motion fails to indicate which of the listed parties have appeared in each case, does not set forth the caption of Case No. 18 STCV03139, and makes no showing that the instant motion was filed in the other case – of which are required by California Rules of Court, rule 3.350 (a). As a sub...

Excerpt: ...be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.”) The motion instead seeks a determination only as to liability, without citing any legal basis for obtaining such relief in contravention of the explicit terms of the summary adjudication statute. (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241 [“May a plaintiff seek summary adjudicati...

Excerpt: ...rd drives and computers sought, without some limitations or protective order would disclose protected private information of third parties, that these parties have a reasonable expectation of privacy in the subject information, and that the threatened intrusion by wholesale disclosure of hard drives and computers is serious. The parties have failed to suggest to the Court any useful limitation which could sufficiently address the threatened priva...