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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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...