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: .... ¶ 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: ...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: ...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: ... 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...