Excerpt: ...NTS JCP, L.P. AND REDIGER INVESTMENT CORPORATION'S DEMURRER TO THIRD AMENDED COMPLAINT Sixth Cause of Action – Slander of Title The elements of slander of title include “(a) a publication, (b), which is without privilege or justification and thus with malice, express or implied, and (c) is false, either knowingly so or made without regard to its truthfulness, and (d) causes direct and immediate pecuniary loss.” (Howard v. Schaniel (1980) 11...

Excerpt: ...nion in Perez v. Mortgage Electronic Registration Systems, Inc. (9th Cir. 2020) 959 F.3d 334, relying on California authority which binds this Court, should bar cross-complainants Bradley Barnes and BABBB, LLC (collectively “Borrowers”) from seeking the relief sought in the 4AXC. The Court ordered simultaneous, supplemental briefing regarding this question to be filed on or before December 16, 2020 and for responses to be filed on or before J...

Excerpt: ...s Act in the cross-complaint. A. First Cause of Action: Breach of Contract Mad Engine contends that the Non-Solicitation Provision in the Confidentiality Agreement is void under Business and Professions Code § 16600. (Cross-Compl. Ex. B, ¶ 3.) Hybrid alleges that Mad Engine violated the Non-Solicitation Provision by soliciting Noah Steinsapir, Andy David, and other Hybrid employees for employment. (Cross-Compl. ¶ 69.) Business & Professions Co...

Excerpt: ...ells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265. (Fontenot, 198 Cal.App.4th at 265 [“Taken together, the decisions discussed above establish that a court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document, and the document's legally operative language, assuming there is no genuine dispute regarding the document's...

Excerpt: ...are duplicative. Defendants maintain that, by filing this motion, the burden shifted to plaintiff to justifying the number of discovery requests. (CCP §§ 2030.040(b), 2033.040(b).) However, to file the motion for protective order in the first instance, defendants must demonstrate an effort to informally resolve the discovery disputes before filing the motion. (CCP §§ 2030.090(a), 2031.060(a), 2033.040(a).) “A meet and confer declaration in ...

Excerpt: ...ence is OVERRULED. Defendant's request for judicial notice is GRANTED as to Exhibits 1, 3, and 4 pursuant to Evidence Code § 452(d). Defendant's request for judicial notice is GRANTED as to Exhibit 2, pursuant to Evidence Code §§452(g) and (h), but only for the limited purposes set forth in Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265. (Fontenot, 198 Cal.App.4th at 265 [“Taken together, the decisions discussed above est...

Excerpt: ...lidated for all purposes: Hasmik Kanataryan et al. v. Charlene Sarstedt et al., Case No. 19STCV23933; Marina Roque v. Jayna Yungjoo Won et al., Case No. 19STCV26310, and Anchor General Insurance Company v. Hasmik Kanataryan et al., Case No. 20STCV13194. Case No. 19STCV23933 shall be the lead case. The Court designates 19STCV23933 as the lead case. All future documents must be filed under 19STCV23933 (HASMIK KANATARYAN, et al. vs CHARLENE SARSTEDT...

Excerpt: ...mpany of California, and Allstate Northbrook Indemnity Company (collectively, “Allstate”) move for summary judgment or adjudication on the ground that plaintiff did not have an operative policy issued by defendants at the time of the automobile accident. Defendants present evidence that, although plaintiff sought to purchase an auto insurance policy on November 4, 2017, Allstate did not issue an auto policy to plaintiff until November 6, 2017...

Excerpt: ...s, LLC and MNM Remodeling, Inc.'s Demurrer to First Amended Complaint is OVERRULED. Defendants Omri Tcherchi, Maimon Hadad, BG Builders and Investments, LLC and MNM Remodeling, Inc.'s Motion to Strike Portions of First Amended Complaint is DENIED. Plaintiff Thomas E. Castleton's Motion for Leave to File Verified Second Amended Complaint is GRANTED. Defendants Omri Tcherchi, Maimon Hadad, BG Builders and Investments, LLC and MNM Remodeling, Inc.'s...

Excerpt: ...policy number 680-4H55186A issued by Travelers Casualty Insurance Company of America to Mark & Brian's Fine Arts Building LLC, for the policy period from August 16, 2019 to August 16, 2020 (“Policy”) is GRANTED. (Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285 [allowing for judicial notice of documents forming the basis of allegations in complaint when opposing party did not oppose request].) B. FIRST CAUSE OF ACTION: DECLARATORY RELIEF A g...

Excerpt: ...ial Single-Tenant Lease-Net is GRANTED, pursuant to Evidence Code § 452(h). (Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285 [allowing for judicial notice of documents forming the basis of allegations in complaint when opposing party did not oppose request].) Plaintiff Varda, Inc.'s request to take judicial notice of the Standard Industrial/Commercial Single-Tenant Lease-Net with attachments is DENIED due to lack of authentication. (In re Shan...

Excerpt: ...spect to the fifth cause of action for negligence asserted by plaintiffs Angel Cabral and Elsy D. Cabral, the eighth cause of action for negligent infliction of emotional distress asserted by plaintiff Elsy D. Cabral, and the ninth cause of action for loss of consortium asserted by plaintiff Elsy D. Cabral, plaintiffs fail to allege how defendant Ortiz & Sons Inc. dba Ortiz Tractor/Construction Services (“Ortiz”) breached its duty to exercise...

Excerpt: ...f action for negligence and second cause of action for premises liability is duty; Blain v. Doctor's Co. (1990) 222 Cal.App.3d 1048, 1067 [if negligence and premises liability causes of action fail, derivative third cause of action for loss of consortium also fails].) “The general rule is that a person who has not created a peril is not liable in tort for failing to take affirmative action to protect another unless they have some relationship t...

Excerpt: ...s GRANTED, pursuant to Evidence Code §§ 452(g) and (h), but only for the limited purposes set forth in Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265. Defendant's request for judicial notice as to Exhibits 8, 11, 12, 14, and 16 is GRANTED, pursuant to Evidence Code § 452(d). Defendant's request for judicial notice as to Exhibits 9 and 15 is GRANTED, but only for the existence of the documents, not the truth of the matters a...

Excerpt: ...n Abelar, Dr. Mora submits the declaration of Michael Gold, M.D. The declaration adequately establishes Dr. Gold's qualification to testify as an expert, as Dr. Gold is a physician with appropriate education, training and professional experience, board certified in neurology and has been in medical practice for more than thirty years. (Gold Decl. ¶¶ 2, 3.) Dr. Gold is familiar with the standard of care required of neurologists in the Southern C...

Excerpt: ...ries 2004-12's (“BONY”) Motion for Leave to Intervene and Expunge Notice of Pendency is GRANTED. BONY's requests for judicial notice as to Exhibits 1-5 are GRANTED pursuant to Evidence Code §§ 452(g) and (h), but only for the limited purposes set forth in Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265. (Fontenot, 198 Cal.App.4th at 265 [“[A] court may take judicial notice of the fact of a document's recordation, the da...

Excerpt: ... Retaliatory Acts on the ground that plaintiff fails to state a cause of action and that the cause of action is uncertain. Plaintiff alleges that she complained about the substandard conditions of the property to defendants repeatedly during the tenancy. (Compl. ¶¶ 14, 15, 24, 45, 52, 56, 57.) Plaintiff also alleges that she complained to a government agency about the substandard conditions and that defendants received notice of a citation. (Co...

Excerpt: ... 4, 5, 8, 9, 12, 15, 19, 22, and 24-30. Pursuant to CCP § 2031.310(b)(1), defendant presents good cause for this discovery because the demands for production are probative of plaintiff's contentions about defendants' liability, as well as plaintiff's claims of injury and damages asserted in this action. The discovery is accordingly reasonably calculated to lead to admissible evidence. (Motion at 10:3-8; CCP § 2017.010.) Plaintiff asserted vario...

Excerpt: ...r of the car at issue, seek to compel arbitration of plaintiff Anushavan Harutunyan's claims against both defendants. As to the dealership, the arbitration clause in section 41 of the Lease Agreement (“Lease”), which is signed by plaintiff and the dealership, governs claims pertaining to the lease or condition of the vehicle encompassed in the Lease. (Beatt Decl. ¶ 4 & Ex. A, ¶ 41.) As to the manufacturer, it is undisputed Rolls-Royce is no...

Excerpt: ...r Fallahi and a separate subpoena seeking the production of documents related to his representation of plaintiffs with the U.S. Department of Treasury. (Young Decl. ¶ 2 & Ex. 4.) Defendant contends that the motion is defective because it does not include a separate statement. Cal. Rule of Court 3.1345(a)(5) states that a motion to quash the production of documents at a deposition requires a separate statement. Where a moving party fails to provi...

Excerpt: ...(c) of the Stipulation between the parties, filed April 6, 2020, beginning in March 2020 and ending in February 2021, defendants agreed to make monthly payments of $40,000 totaling $500,000. Plaintiff avers that, prior to September 30, 2020, defendants were late in making payments and made only $200,000 in payments out of the total $240,000 due between March 2020 and August 2020. (Yang Decl. ¶ 3 & Ex. 1.) Beginning September 15, 2020, defendants...

Excerpt: ...udes causes of action far exceeding the scope of the leave to amend granted by the Court on August 14, 2020, when it sustained defendants' demurrers to all three causes of action (quiet title, declaratory relief, and elder abuse) in the original Complaint. Without leave to do so, plaintiffs have asserted in the FAC causes of action for negligent misrepresentation, breach of oral contract, unjust enrichment, specific performance, and intentional a...

Excerpt: ...Although a court may judicially notice a variety of matters (Evid. Code, § 450 et seq.), only relevant material may be noticed.” (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) Because justifiable reliance cannot be determined as a matter of law on the face of the pleadings, as discussed below, the requests for judicial notice of defendants HFE, LLC (“HFE”) and Wee Hin (collectively, “HFE defendants”) are DENIED. B....

Excerpt: ...GRANTED IN PART. Defendants seek an award of fees to Business Strategies Solutions, Inc. and Netpay Plus+, Inc. in the sum of $56,507.90, which includes $61.25 for the filing fee to file the instant motion, which was not included in the memorandum of costs. Defendants also seek an award of $2,057.26 in costs to all defendants, including Barbara J. Orem. The Court finds that under CCP § 1032(a)(4), defendants Business Strategies Solutions, Inc. a...

Excerpt: ..., the Court treats this motion as a motion for interlocutory judgment under CCP § 872.720, not a motion for judgment on the pleadings as labeled. A trial court may construe a motion bearing one label as a different type of motion. (Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 930.) Plaintiff does not cite CCP §§ 438 and 439 in the motion. Accordingly, the affirmative defenses asserted in defendant's answer are not pro...

Excerpt: ...tions of Michael D. Marsh (¶ 13) and Christopher Anderson (¶ 15) are SUSTAINED. Defendants Premiere Medical Center of Burbank, Inc. and Michael Marsh's (collectively, “Premiere”) evidentiary objections to the declaration of Stephen King are OVERRULED. To meet its initial burden on summary judgment, NHP presents the declaration of Stephen King, president of NHP's managing agent. (King Decl. ¶ 1.) King declares that Premiere stopped paying r...

Excerpt: ...ot. These three motions concern Special Interrogatories, Set Two, Nos. 99-112, 114, and 115; Request for Production of Documents, Set Two, Nos. 53-55; Request for Admission, Set Two, Nos. 24-26; and Form Interrogatory, Set Two, No. 17.1. After the motions were filed, on October 16, 2020, the day the oppositions were due, plaintiff served supplemental responses to the subject discovery. (Sugapong Supp. Decl. ¶ 9 & Exs. D-G.) Defendant maintains t...

Excerpt: ...contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated.” (Careau & Co. v. Security Pacific Business, Inc. (1990) 222 Cal.App.3d 1371, 1395.) Here, the allegations do not go beyond a contractual breach. While plaintiffs allege that defendants, including moving defen...

Excerpt: ...hem on November 20, 2019 and the default judgment entered against them on March 16, 2020. Code of Civil Procedure section 473(b) provides in relevant part that, with respect to granting relief from entry of default and default judgment, “the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistak...

Excerpt: ...nd. The demurrer to the sixth cause of action is OVERRULED. The demurrer to the eighth through eleventh causes of action is disregarded, because these causes of action were not asserted against moving defendants. In light of the Court's ruling on the Demurrer, defendants Griffith Park Healthcare Center and Eugene Tito's Motion to Strike Portions of Complaint is DENIED as MOOT. As a preliminary matter, as plaintiff argues in the opposition, the de...

Excerpt: ...RJN”) as to Exhibits 1-3 and 9-11 are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant Langham's requests for judicial note as to Exhibits 4-8 and 12-14 are GRANTED, pursuant to Evidence Code § 452(d). Defendant Langham seeks to set aside the default entered on January 8, 2013 and the default judgment ente...

Excerpt: ...curred in defense of the complaint and prosecution of the cross-complaints. The Court finds that defendants are the prevailing parties because they succeeded in obtaining summary judgment against plaintiffs. (CCP § 1032(a).) The lease between defendants Elvir Babakhanloo and Levik Amirkhanian and plaintiff Karen Bagdoyan provides: “If any legal action or proceedings be brought by either party of this Agreement, the prevailing party shall be re...

Excerpt: ...opposition to the demurrer, and its reply to plaintiffs' opposition are DENIED as unnecessary in determining the merits of the instant motion. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 [“Although a court may judicially notice a variety of matters (Evid. Code, § 450 et seq.), only relevant material may be noticed”].) Inter Valley Escrow's request to take judicial notice of the June 26, 2020 minute order regarding Inter...

Excerpt: ...titious Business Statement filed with the Los Angeles County Registrar by Family Practice of Glendale, Inc. is GRANTED, pursuant to Evidence Code § 452(c). With respect to Request for Admission (“RFA”) No. 2, plaintiff contends that defendant Family Medical Center's response is inconsistent because defendant states that Dr. Adina Cappell saw plaintiff at Family Medical Center, but that Dr. Cappell was employed by Adventist-Health Glendale. I...

Excerpt: ...(c). The Settlement Agreement was signed by plaintiff on February 26, 2020 and by defendant Volkswagen Group of America, Inc. on February 27, 2020. (Jacoby Decl. ¶ 4 & Ex. 2.) Accordingly, the Closing Date under paragraph 2.3 of the Settlement Agreement, by which the vehicle surrender and settlement payment must occur, was 45 days from the date of plaintiff's execution of the Settlement Agreement, namely, Saturday, April 11, 2020. If the vehicle...

Excerpt: ...of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439-40.) Here, the proof of service of summons filed on June 12, 2020 indicates that defendant Jingfan Lu was purportedly substitute served on June 6, 2020 at 14 S Fair Oaks Ave, Pasadena, CA 91005-1906. It is undisputed that defendant One Zo Boba is located at this address. (Compl. ¶ 12; Ex. B t...

Excerpt: ...D. Defendants' evidentiary objections to the declaration of Richard H. Lee are SUSTAINED. Pursuant to CCP § 1030(b) and (c), the Court shall require a plaintiff residing outside the State of California to file an undertaking if there is a reasonable possibility that the moving defendants will obtain judgment in this action. Defendants Fashion Park Villas-Owners Association and Beven & Brock Property Management Company, Inc. seek an order requiri...

Excerpt: ...clude an affidavit indicating that the request was served on defendants' attorney of record or defendants. If plaintiffs do not know the address, then plaintiff must state that fact in the affidavit. The request for entry of default filed on November 5, 2019 as to the First Amended Complaint filed on July 17, 2019 does not include the required affidavit. (See Item 6 in 11/5/19 Request for Entry of Default.) Accordingly, the default entered agains...

Excerpt: ... judgment in this matter. As noted in the Court's February 19, 2019 order vacating the judgment, until the judgment was vacated, the Court was without jurisdiction to grant relief with respect to the discovery order on the requests for admission. On May 13, 2020, the Court of Appeal affirmed the February 19, 2019 order vacating the judgment. Remittitur was issued and filed with the Superior Court on July 31, 2020. The Court now has jurisdiction t...

Excerpt: ...TAINED without leave to amend as to the second (Negligent Hiring, Retention and Supervision Practices), third (Gross Negligence), and fourth (Breach of Contract) causes of action. A. Second Cause of Action: Negligent Hiring, Retention & Supervision With respect to the second cause of action for Negligent Hiring, Retention and Supervision Practices, plaintiff still fails to allege that Fitness International, LLC (“Fitness”) knew or should have...

Excerpt: ...Rodriguez's position that he does not accept fax and email service for purposes of this litigation. (Rodriguez Decl. ¶ 8.) Although professionalism and courtesy might counsel a different approach under the circumstances, mandatory acceptance of email service under Cal. Rule of Court 2.251(c)(3) and Emergency Rule of Court 12 does not apply here, because, even though he may be an attorney, Rodriguez is a self- represented party in this action. I....

Excerpt: ...respect to Request Nos. 1 and 2, which ask for documents reflecting damage and repairs to the subject vehicle prior to plaintiff's purchase, defendant's supplemental responses served on September 11, 2020 comply with CCP § 2031.220 because defendant stated that it complied in full and produced all responsive documents in its possession, custody, or control. Insofar as plaintiff contends the produced documents (including warranty claim records an...

Excerpt: ...ndants contend they did not have a duty to ensure that the sump lid through which plaintiff fell on June 24, 2017 was in a reasonably safe condition. Charles Montoya, a wholesale account manager at Anabi Oil Corporation (“Anabi”), declares that Pasadena Shell, Inc. (“Pasadena Shell”) is responsible for maintenance of the property and keeping the premises safe for all persons. (Montoya Decl. ¶ 3.) Montoya also declares that Pasadena Shell...

Excerpt: ... §§ 452(c) [official acts of the legislative, executive, and judicial departments of any state]; 452(h) [facts not reasonably subject to dispute]; Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 518 (“Official acts include records, reports and orders of administrative agencies”].) With respect to Issue No. 1, defendants seek summary adjudication of plaintiff Vipulkumar Patel's claim to the extent plaintiff seeks compensation for damages purport...

Excerpt: ...tiff fails to state that defendants' alleged negligence was a substantial factor in the death of decedent Huan Chia Tseng. (See CACI 400 [third essential element of Negligence cause of action]; 430 [defining “Causation: Substantial Factor”].) When read as a whole, the Complaint adequately alleges that, if the pool had proper lighting and readily accessible lifesaving equipment, Tseng would not have died. (Compl. ¶¶ 16-17 [describing alleged...

Excerpt: ...ded from amending complaints to omit harmful allegations, without explanation, from previous complaints to avoid attacks raised in demurrers or motions for summary judgment. [Citations omitted].'” (State ex rel. Metz v. CCC Info. Servs., Inc.) (2007) 149 Cal. App. 4th 402, 412. Defendants argue that, in the original Complaint, plaintiff Aussie Mex, S.A. de C.V. (“Aussie”) does not allege that defendants Hong and Eum were officers of Groupo ...

Excerpt: ... a claim for fraudulent concealment, plaintiff must allege: (1) that defendant concealed or suppressed a material fact; (2) that defendant was under a duty to disclose the fact to plaintiff; (3) that defendant intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (4) plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact; (5) that plaintiff suffered...

Excerpt: ...t Dated June 29, 1994, Clarice Letizia, and Diana Mackinson's (collectively, “Property Owners”) demurrer is OVERRULED IN PART and SUSTAINED IN PART. I. FIRST CAUSE OF ACTION – PRIVATE NUISANCE The Property Owners contend that the first cause of action is duplicative of the Breach of Warranty of Habitability and Negligence of Premises causes of action. A “merely duplicative pleading which adds nothing to the complaint by way of fact or the...

Excerpt: ...and/or Setting of Expedited Trial Date is DENIED. On the current showing, plaintiffs do not meet their burden to demonstrate the right to partition. CCP § 872.210(a) states, “A partition action may be commenced and maintained by any of the following persons: . . . (2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently o...

Excerpt: ...xhibits B and C is 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.) On June 22, 2020, the Court granted plaintiff's motion for leave to file her proposed First Amended Complaint. In so doing, the Court explicitly noted plaintiff's apparent lack of diligence in prosecuting this action generally and her dilatory cond...

Excerpt: ...imited civil case, the Court should exercise its discretion under CCP § 1033(a) to reduce or deny plaintiff Corey Prather's costs. Although the jurisdictional limit in a limited civil case is $25,000 (CCP § 85(a)), in addition to the $12,000 the jury awarded plaintiff/cross-defendant Corey Prather (“plaintiff”) against defendant Ben Garcia, plaintiff also obtained a $15,000 settlement from Albert Garcia, Rene Garcia, Michele Mokhatas, GNG R...

Excerpt: ...g date. Based on the hearing date of September 4, 2020, the deadline to file oppositions to the demurrers and motions was August 24, 2020. (CCP § 1005(b).) Except for the opposition to the demurrer and motion to Strike filed by The Gorilla Glue Company LLC, plaintiff untimely filed oppositions on August 26, 2020— though it also appears the oppositions to The Gorilla Glue Company's demurrer and motion to strike were untimely with respect to the...

Excerpt: ... a declaration indicating she made a good faith attempt to meet and confer before filing the demurrer and motion to strike, as is required by CCP §§430.41(a)(2) and 435.5(a)(2). Paragraph 13 of counsel for defendant's declaration in support of the demurrer merely states in a conclusory fashion that defendant complied with CCP §430.41, but counsel does not describe the nature of the meet and confer efforts. Defendant must comply with the meet a...

Excerpt: ...El Adobe Pharmacy, Inc. are GRANTED. As a preliminary matter, pursuant to Evidence Code § 452(c), defendants' respective Requests for Judicial Notice are GRANTED as to the California Secretary of State Business Entity Detail for Shaghzo and Shaghzo Law Firm, A Professional Corporation and Shaghzo and Shaghzo Law Firm, LP. The Request for Judicial Notice of the web site of “Shaghzo & Shaghzo Law Firm, APC” is DENIED, because the contents of t...

Excerpt: ...cause there was a triable issue as to whether plaintiffs impliedly waived the right to partition. During the hearing, plaintiffs argued that such a waiver requires some form of a written agreement, which does not exist in this case. Defendants argued that a waiver by implication necessarily means that a writing is not required. The Court ordered supplemental briefing regarding whether an “implied waiver” of right to partition must be made in ...

Excerpt: ...ablished: (1) it has a direct interest in the lawsuit; (2) intervention would not enlarge the issues raised by the original parties; and (3) the intervenor would not ‘tread on the rights of the original parties to conduct their own lawsuit.'” (Bame v. City of Del Mar (2001) 86 Cal.App.4th 1346, 1364.) With respect to whether USAA has a direct interest in this action, as the automobile insurer of defendant Noell Slade (King Decl. ¶ 3 & Ex. A)...

Excerpt: ...KE initially filed its motion on March 3, 2020, to which Catalina Media Development (“Catalina”) and The Worthe Real Estate Group, Inc. (“Worthe”) filed an opposition on May 11, 2020. Rather than file a Reply Brief, TKE instead filed an “Amended Motion” nearly three months later, making a different request for attorney's fees (albeit a reduced amount) and providing additional documents in support thereof (notably including numerous bi...

Excerpt: ...d and in the meantime ordered defendant to cease smoking in her unit and comply in all respects with the Governing Documents, i.e. the Declaration of Covenants, Conditions, and Restrictions (“CC&Rs”). “[T]he question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely to result from the gra...

Excerpt: ...ess. Under California Rules of Court, rule 2.550(d), “[t]he court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; [¶] (2) The overriding interest supports sealing the record; [¶] (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; [¶] (4) Th...

Excerpt: ... is required by CCP § 430.41(a). Defendants are admonished to comply with the meet and confer requirements of the Code of Civil Procedure. Notwithstanding this admonition, the Court rules on the merits of the demurrer. (CCP § 430.41(a)(4) [“A determination by the court that the meet and confer process was insufficient is not grounds to overrule or sustain a demurrer.”].) As a preliminary matter, in the reply, defendants withdrew their chall...

Excerpt: ...ED, pursuant to Evidence Code § 452(d). The Bank's evidentiary objections are OVERRULED. As a preliminary matter, both Bank and Borrowers violated paragraph 6(d) of the Court's First Amended General Order filed on May 3, 2019 regarding electronic filing, because the exhibits to requests for judicial notice and/or declarations were not bookmarked, thereby rendering review of the electronically filed exhibits unduly burdensome to review. Future fa...

Excerpt: ...r Breach of Written Contract, second cause of action for Actual Fraud/Intentional Misrepresentation, fourth cause of action for Negligent Misrepresentation, and sixth cause of action for Unfair Business Practices are OVERRULED. The demurrers to the third cause of action for Constructive Fraud and fifth cause of action for Breach of Good Faith and Fair Dealing are SUSTAINED. Defendants Merit One Lending, Inc; 2 Paregam, LLC; Commercial Partners Ne...

Excerpt: ...ED, pursuant to Evidence Code § 452(d). Plaintiffs have not demonstrated the claim upon which the requested attachment is based is a claim upon which an attachment may be issued, in that “an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount.” (CCP §§ 483.010(a), 485.22...

Excerpt: ... 14 calendar days from the date of the hearing, as required by CCP § 437c(b)(2). Even though defendants were deprived of three days to prepare a reply, defendants were able to sufficiently respond to plaintiffs' opposition. The Court considers the opposition on the merits in its discretion under Cal. Rule of Court 3.1300(d). I. PLAINTIFF VARDANYAN'S CLAIMS With respect to plaintiff Armen Vardanyan's claim under his policy for property damage cau...

Excerpt: ...PART. Defendants' requests for judicial notice of the Complaint, FAC, and the separate answers filed by defendants Jack L. Tseng and Li-Hsiang Wang are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) With respect to Issues 1, 2, and 4, defendants argue plaintiffs' Nuisance and Trespass causes of action arising from en...

Excerpt: ...f plaintiff's Complaint filed on August 2, 2018 is GRANTED, but only for the existence of the pleading, 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 argue that the raised area of the sidewalk on which plaintiff tripped and fell was a trivial defect, thus entitling them to summary judgment. The sidewalk uplift on which plaintiff tripped ranged in height...

Excerpt: ...f specified portions of the San Marino Municipal Code (“SMMC”), attached thereto as Exhibits A through E, and the California Fire Code (“CFC”), attached thereto as Exhibits F through L, are GRANTED, pursuant to Evidence Code § 452(b). “Where a governmental entity seeking to enjoin the alleged violation of an ordinance which specifically provides for injunctive relief establishes that it is reasonably probable it will prevail on the mer...

Excerpt: ...The following motions filed by defendant Wayneinder S. Anand, M.D. are DENIED:  Motion to Deem Requests for Admission, Set Two, Propounded on Plaintiff Dee Ann Abelar  Motion to Deem Requests for Admission, Set Two, Propounded on Plaintiff Brian Abelar The following motions filed by defendant Babak Hakimisefat, D.O. are GRANTED:  Motion to Compel Responses to Form Interrogatories, Set Two from Plaintiff Dee Ann Abelar  Motion to Compe...

Excerpt: ...edevelopment Agency of City of Los Angeles v. County of Los Angeles (2001) 89 Cal.App.4th 719, 727 [“An opinion of the Attorney General is not a mere ‘advisory' opinion, but a statement which, although not binding on the judiciary, must be ‘regarded as having a quasi judicial character and [is] entitled to great respect,' and given great weight by the courts”].) I. MOTION TO COMPEL ANSWERS FROM DEFENDANT DOE 1 As set forth in plaintiff's ...

Excerpt: ... Code § 7191 might otherwise render unenforceable the arbitration provision here, the Court finds § 7191 is preempted by the Federal Arbitration Act, as the letter of intent concerns a transaction involving interstate commerce. (See Woolls v. Superior Court (2005) 127 Cal.App.4th 197, 212–13; see also Allied-Bruce Terminix Cos. v. Dobson (1995) 513 U.S. 265; Basura v. U.S. Home Corp. (2002) 98 Cal.App.4th 1025.) Defendant have submitted a dec...

Excerpt: ...(Anderson Decl. ¶ 5 & Ex. A.) Based on defendants' failure to respond to discovery, including the Requests for Admission, the Court subsequently granted plaintiff's motion for terminating sanctions and struck the answer filed by defendants. (See 5/4/17 minute order.) Ultimately, plaintiff obtained a default judgment against defendants for $235,541.58 and a 7% interest in Toughbuilt. (Anderson Decl. ¶ 14 & Ex. N.) The Court of Appeal reversed th...

Excerpt: ...pril 17, 2020. In light of court closures, the need for social distancing, and concerns for public health and safety due to the ongoing COVID-19 pandemic, the matter will be heard in Department 1 of the Glendale Courthouse at the scheduled date and time. Having reviewed the motion and all related filings by the parties, the Court concludes that the matter “shall be submitted without oral argument” at the close of the hearing. (CCP § 661.) If...

Excerpt: ...d ultimately prove by clear and convincing evidence) facts establishing that defendant: (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene, or medical care; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs; and (3) denied or withheld goods or services necessary to meet the elder or dependent adult's basic needs, eit...

Excerpt: ...or Disability Discrimination under FEHA, tenth cause of action for Failure to Engage in the Interactive Process under FEHA, and eleventh cause of action for Disability Discrimination under the Unruh Civil Rights Act. Defendant's Motion to Strike is DENIED. I. DEMURRER A. Seventh Cause of Action – Intentional Infliction of Emotional Distress Defendant Anderson Ballard Companies, Inc. contends that plaintiffs failed to plead extreme conduct. But ...

Excerpt: ...g that plaintiff cannot establish Flatiron was negligent because Flatiron had no operations on I-210 West before 10:40 p.m. on July 24, 2015 when the subject accident took place. Flatiron points out that plaintiff testified she never saw active construction work in the center median of the westbound 210 before or after the collision. (Def. UMF 5-11 and evidence cited.) Long and witness William Winters also testified that they do not know where on...

Excerpt: ...ystems/West (collectively, “Simi”) argue that the causes of action for professional negligence and loss of consortium fail because plaintiffs will be unable to establish that Simi breached any duty of care. In support, Simi submits the declarations of Janet Geier, RN, BSN and Samantha St. Omar Roy, RN. Plaintiffs object that the declarants do not establish that they are qualified to testify as expert witnesses because the curricula vitae refe...

Excerpt: ...tions Order compelling deposition of Alexis Lunn, contempt, sanctions FACTUAL BACKGROUND: Plaintiff Toni Lawson-Apana alleges that she leased a vehicle from defendant Sunrise Ford, which vehicle was manufactured by defendant Ford Motor Company, and which was equipped with a Power Liftgate System, an electrical opening and closing system. Plaintiff alleges that contrary to defendants' representations regarding the subject vehicle's safety and reli...

Excerpt: ...egelin RELIEF REQUESTED: Strike punitive damages CAUSES OF ACTION: from First Amended Complaint 1) Survival Action Negligence and Premises Liability 2) Wrongful Death SUMMARY OF FACTS: Plaintiffs the Estate of Richard Charles Wegelin and Jennafer Leigh Weglin, the natural daughter of Richard Charles Wegelin, bring this action against defendants Brilliant Management, Inc., Hsiao Ping Wang, and Debra Gray, alleging that defendants owned, leased, po...

Excerpt: ...AL BACKGROUND: Plaintiff Min Lu aka Victoria Lu alleges that while working as a server at a restaurant owned and operated by defendants Shanghailander Palace and Shanghailander Palace Arcadia, she was repeatedly touched in a sexual manner by defendant Qinguuan Yan, who was employed by the restaurant as one of its managers. Plaintiff alleges that Yan would also make sexualized comments about plaintiff's body, spread rumors about plaintiff, and exp...

Excerpt: ...CTUAL AND PROCEDURAL BACKGROUND: Plaintiffs Prashant Vaghashia and Mita Vaghashia allege that beginning in June of 2016, they became insurance policy holders with defendants Kookmin Best Insurance Co., Ltd. (“KBIC”) and Pro-Am Insurance Agency, Inc., pursuant to a policy which provides for General Commercial property and liability coverage, and covers plaintiffs and their business, motels and hotels, and requires defendants to defend plaintif...

Excerpt: ...intiff Diahanna Allen alleges that she is 87 years old, and disabled, and the sole owner of two residential properties in the City of Glendale, which are approximately one block from each other at 1538 Highland Avenue and 1613 Highland Avenue. Plaintiff alleges that the 1538 Property contains a one-story main house, a garage and guest house, and that in 2012, plaintiff met with defendants Oran Belillti (“Oran”) (Note: defendants appear to spe...

Excerpt: ...ntentional Interference with Prospective Economic Advantage 4) Negligent Interference with Prospective Economic Advantage 5) Civil Conspiracy 6) Unjust Enrichment 7) Unfair Business Practices 8) Quiet Title 9) Declaratory Relief SUMMARY OF FACTS: Plaintiff William Brad McAlpin alleges that in March of 2001 he obtained a judgment against Mark Blakey, which judgment was renewed, and has a present balance in excess of $600,000. Plaintiff alleges tha...

Excerpt: ... Mona Seraji improperly seeks an injunction in an attempt to attach defendant's property before judgment without complying with CCP § 483.010 et seq. The Court disagrees. The subject prayers for relief seek equitable and/or injunctive relief in connection with relief that might be afforded by a judgment entered in plaintiff's favor. By its very nature, such relief is post- judgment, and not impermissible pre-judgment relief. Further, the Court n...

Excerpt: ...complete medical records and billing records from Kaiser. Plaintiff has objected. Defendant Weitzel now seeks an order compelling plaintiff to provide authorization for the release of all such records. On February 21, 2020, the Court held a hearing on Defendant's Motion to Compel Plaintiff to Provide Authorization for the Release of Records from Kaiser Permanente. After continuing the hearing and receiving additional briefing and evidence from th...

Excerpt: ...se Management Conference (“CMC”) was held on June 4, 2018. During the CMC, the trial was initially set for June 3, 2019. This motion for judgment on the pleadings was not filed until January 30, 2020. However, § 438(e) provides explicitly for an untimely motion to be heard if the Court “otherwise permits,” and the Court in its discretion considers the motion on the merits, because the fraud causes of action are not pled with the required...

Excerpt: ...alleges that her disability resulted from her hip fracture, which limited her mobility. (Amended Compl. ¶¶ 30, 39, 41.) After plaintiff sought damages for the incident, defendants moved the rent check deposit box from the first floor to the second floor, which plaintiff could not access. (Id. ¶¶ 22, 39.) While defendants initially accommodated plaintiff's disability by picking up her rent check from plaintiff's first floor apartment, defendan...

Excerpt: ...gton Memorial Hospital (“Huntington”) had filed a demurrer and motion to strike with respect to the original Complaint on November 1, 2019. The Second Amended Complaint is hereby STRICKEN on the Court's own motion. Accordingly, the operative complaint is the First Amended Complaint (“FAC”), and the Court will address the instant demurrers and motion to strike, which concern that pleading. The Court notes that plaintiff Susan Harman's oppo...

Excerpt: ...or sanctions, entitled, in part, “Plaintiff's Response to All Defendants' Motion for Sanctions.” Per CCP § 1004(b), the opposition should have been filed and served at least nine court days in advance of the 2/21/20 hearing on the Motion for Sanctions. Plaintiff's Opposition was untimely filed on 2/14/20. In addition, based on the 2/13/20 Declaration of Reilley Lippman, the Court finds the opposition was untimely served as well. Indeed, acco...

Excerpt: ...clear whether Lobar is providing rhetorical background and atmospherics or is advancing an independent ground for judgment on the pleadings, Lobar argues or suggests in its moving papers that, because plaintiff itself discovered the Lobar Deed of Trust when conducting a pre- foreclosure investigation, plaintiff cannot rely on the purported negligence of other title companies that did not find and/or disclose the Lobar Deed of Trust “to conclude...

Excerpt: ...t records); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendants' requests for judicial notice as to Exhibits 2, 2A, and 6 is GRANTED, pursuant to Evidence Code § 452(d). Defendants' request for judicial notice as to Exhibit 5 is GRANTED. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-05 [“The court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, and t...

Excerpt: ...complete medical records and billing records from Kaiser. Defendant Weitzel now seeks an order compelling plaintiff to provide authorization for the release of all such records. Defendant's Motion to Compel Plaintiff to Provide Authorization for the Release of Records from Kaiser Permanente is: (1) GRANTED as to plaintiff's medical records; and (2) GRANTED as to plaintiff's billing records, subject to the “first look” procedure set forth belo...

Excerpt: ...arbitration provision in the Retail Installment Sales Contract (“RISC”), which is signed by plaintiff and the dealership, governs claims pertaining to the purchase or condition of the vehicle encompassed in the RISC. Plaintiff does not dispute that the dealership is entitled to arbitration. Accordingly, the motion to compel arbitration is granted as to plaintiff's claims against defendant Fiat of Glendale. As for the manufacturer, it is undis...

Excerpt: ... two grounds: (1) uncertainty; and (2) lack of ripeness. Both grounds are unavailing. With respect to uncertainty, a demurrer for uncertainty must be “strictly construed” and only sustained where the subject pleading is so ambiguous and so unintelligible that it prevents 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 allegations in the Complai...

Excerpt: ...(“WORTHE”) Cross-Complaint, filed February 7, 2017, asserting six causes of action against TKE. I. REQUEST FOR JUDICIAL NOTICE TKE's requests for judicial notice contained in TKE's points and authorities and separate statement are DENIED. TKE is required to make such requests in a separate filing. (Cal. Rule of Court 3.1113(l) [“Any request for judicial notice must be made in a separate document listing the specific items for which notice i...

Excerpt: ... Broadcasting Licensee, LLC (“MRB”) fails to adequately explain how the separate matter to which the TRO pertains is connected to this action. Defendant MRB's Objection Nos. 6 and 7 are SUSTAINED based on lack of personal knowledge. MRB's other objections are OVERRULED. II. SUMMARY JUDGMENT MOTION There are two overarching issues in the MRB's motion: (1) whether there is a triable issue as to whether co-defendant Cat Chao published the allege...

Excerpt: ...of the document, not for the truth of the matters asserted therein. (Evid. Code § 452(d) (court records); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Plaintiffs' and defendant's evidentiary objections are OVERRULED. With respect to plaintiffs' objection to the Declaration of Mark Needham, M.D. based on Garibay v. Hemmat (2008) 161 Cal.App.4th 735, the Court notes that the Garibay Court never stated that the entirety of the medical rec...

Excerpt: ...t Bank of the West (“Bank of the West”); (4) Defendants JCP, LP (“JCP”) and Rediger Investment Corporation (“Rediger”); and (5) Defendant Stewart Title of California, Inc. (“Stewart Title”). I. FIRST CAUSE OF ACTION: NEGLIGENCE “The elements of any negligence cause of action are duty, breach of duty, proximate cause, and damages.” (Peredia v. HR Mobile Services, Inc. (2018) 25 Cal.App.5th 680, 687.) As to Inter Valley, “no l...

Excerpt: ...ondition. Plaintiff alleges that, while she was a patient at CSJ Providence St. Joseph, she was denied adequate, reasonable medical care and treatment, causing plaintiff to suffer neglect, abuse, infection and serious injuries. Defendant CSJ Providence St. Joseph Medical Center has moved for summary judgment or alternatively summary adjudication. For the reasons that follow, the Court GRANTS summary judgment in favor of the moving defendant. II. ...

Excerpt: ...future. Pursuant to Evidence Code §451(a), the Court takes judicial notice of Streets and Highways Code §70(c). Defendants The People of the State of California, Acting by and through the Department of Transportation (“Caltrans”) and California Housing Finance Agency's (“CalHFA”) objections to the exhibits attached to plaintiff's opposition are SUSTAINED. The Court considers only the four corners of the complaint, as well as matters tha...

Excerpt: ... objections go to the weight, and not the admissibility, of the evidence. I. FIRST AND SECOND CAUSES OF ACTION Triable issues of fact remain as to the first (negligence) and second (premises liability) causes of action. Plaintiff has raised triable issues of material fact with respect to whether the wheel stop at issue was a dangerous condition of which defendant reasonably should have been aware. (See Response to UMF Nos. 16, 17, and evidence ci...