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...