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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ...(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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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...