Excerpt: ... to Jason Dodo, Nicolas Bobroff, Sherebourne Properties Inc., Ebson International Inc., and Metropolis Beauty LLC without leave to amend. The Court sustained the demurrer as to Daniel Bobroff and Pro Concepts LLC with leave to amend. The Court entered judgment in favor of Jason Dodo and Metropolis Beauty LLC (collectively, “Defendants”) on January 12, 2022. On March 9, 2022, Defendants filed a motion for attorney fees. A. Availability of Atto...

Excerpt: ...espect.” (Cruz v. Superior Court (2004) 120 Cal.App.4th 175, 188, fn. 13.) On March 24, 2022, Defendants filed a demurrer and motion to strike. Defendants' request for judicial notice is granted. FACTUAL BACKGROUND The complaint in this action alleges that after several lawsuits with a third party, Defendants were allowed to purchase the property at 5527 West 64th Street, Los Angeles, California in 2005. (Complaint ¶¶ 4, 25.) Plaintiffs' mate...

Excerpt: ...ontract; (2) breach of the covenant of quiet enjoyment; (3) breach of statutory warranty of habitability; (4) negligence; (5) private nuisance; (6) violation of Civil Code section 1942.4; (7) fraud; (8) unfair business practices; (9) intentional infliction of emotional distress (“IIED”); (10) retaliation; and (11) wrongful eviction. On March 28, 2022, Defendants filed a demurrer and motion to strike. On April 12, 2022, the Court ordered the p...

Excerpt: ...r attorney fees, costs, and expenses. The objections are overruled. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins with the ‘lodestar,' i.e., the number of hours reasonably expended ...

Excerpt: ...money had and received. On February 28, 2022, Cross-Defendant filed a demurrer and a motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A special demur...

Excerpt: ...onsidering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Defendant demurs to the second cause of action for harassment in violation of the Fair Employment and Housing Act (“FEHA”), the only cause of action asserted against him. To establish a claim for harassment, a plaintiff must demonstrate that: (1) he is a memb...

Excerpt: ...his case “and “not for any business or other purpose whatsoever.” By this motion, Kevin Moda seeks permission to use all the documents produced under the protective order in this case in two other case, one involving his prior attorneys and one where Moda is suing because he was hit by an Uber driver. Moda states he needs the documents to prove his prior attorneys did not adequately litigate this case and to prove his loss of earnings in th...

Excerpt: ...enant of quiet enjoyment; (6) retaliatory eviction; (7) reckless misconduct; and (8) conversion. On September 28, 2021, Plaintiff dismissed the second and fourth causes of action, as well as his “non-statutory claims” for punitive damages. On December 8, 2021, Plaintiff filed this motion for summary judgment, or in the alternative, summary adjudication. Defendants did not file any oppositions. At the March 8, 2022 hearing, Plaintiff did not a...

Excerpt: ... On November 29, 2021, Plaintiff filed a second amended complaint (“SAC”) and dismissed Vinson as a defendant with prejudice. The SAC alleges (1) negligence, (2) breach of contract, and (3) bad faith and breach of the covenant of good faith and fair dealing. On December 28, 2021, Defendant filed a demurrer and motion to strike. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of the Court's October 1, 2021 Or...

Excerpt: ...ased all claims for any type of damages for the August 19, 2019 incident at issue in this litigation. In its October 4, 2021 order, the Court ordered the parties to be prepared at the next Final Status Conference to discuss whether the facts concerning the workers' compensation release are undisputed and whether the effect of the release is an issue to be decided by the Court or jury. On October 15, 2021, Defendant filed a supplemental brief argu...

Excerpt: ...ts at issue. As an initial matter, Plaintiff should have filed fourteen motions – one regarding the PMK deposition notice and one for each of the thirteen subpoenas. Therefore Plaintiff is ordered to pay thirteen additional filing fees. Plaintiff argues that the medical records for the patients at issue in this lawsuit are irrelevant and not admissible at trial. As discussed below in connection with the MIL re Patient Records, that is not readi...

Excerpt: ...for judicial notice in part. In doing so, the Court takes judicial notice of only Plaintiff's declaration to the extent the statements are inconsistent with the FAC. (See Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-605 [“The court will take judicial notice of records such as . . . affidavits, and the like, when considering a demurrer, only where they contain statements of the plaintiff or his agent which are inc...

Excerpt: ...) as to the second cause of action for race harassment in violation of the Fair Employment and Housing Act (“FEHA”). Defendants filed this motion for attorney fees and costs on January 28, 2022. A. Evidentiary Objections Plaintiff's Objection Nos. 1-21 are overruled. Defendants objections are overruled as the Court did not rely on the evidence. B. Availability of Attorney Fees As the prevailing party on an anti-SLAPP motion, Defendants are en...

Excerpt: ...Court entered default against EvMo, Inc., and on January 19, 2022, the Court entered default against Rami El-Batrawi. On February 18, 2022, Defendants filed a motion to vacate entry of default and default judgment. The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) The application for relief must be made within a reasonable time, not ...

Excerpt: ... Plaintiff asserts that the consent judgment is fair and reasonable to the parties, is in the interest of and provides a benefit to the general public, has been submitted for review to the Office of the Attorney General of California, and fully complies with the statutory and regulatory requirements of Proposition 65. Additionally, Plaintiff served this motion on the Attorney General, who has not objected. (Motion at p. 6; Greenbaum Decl. ¶ 30.)...

Excerpt: ... a cross-complaint against T Engineering Group, Inc. (“TEG”) and others, alleging among other things equitable indemnity, contribution, and implied indemnity against TEG. On October 27, 2021, Victrola 89 LLC filed a motion for leave to amend its FAC, which is scheduled for hearing on April 21, 2022. On February 24, 2022, TEG filed a demurrer to the second and third causes of action for equitable indemnity, contribution and implied indemnity, ...

Excerpt: ...County, Illinois (“Illinois Action”). (Sharp Decl. ¶¶ 2-3.) The parties entered into a settlement agreement, and the court entered the Agreed Settlement Order on July 21, 2020, dismissing the action without prejudice and with leave to reinstate. (Id. at ¶ 4.) About a year later, Defendants breached the settlement agreement. On June 29, 2021, Plaintiff filed a motion to reinstate the Illinois Action. (Id. at ¶ 5.) On July 14, 2021, the Ill...

Excerpt: ... used OB's funds for his personal gain and had not properly maintained OB's accounts, which left only the direct causes of action. On February 17, 2017, Plaintiff Daniel Meyerov filed Case No. BC651099 alleging derivative causes of action on behalf of OB against Defendants Mark Friedman, Trident, David Friedman, and Werner Clark. The Court related the two cases and tried them together in a bench trial starting on February 17, 2021. The Court neve...

Excerpt: ... against Isaias Cervantes. On January 14, 2022, the Court granted Isaias Cervantes's ex parte application to lift the stay after the charges were dismissed. On February 3, 2022, Plaintiffs filed a first amended complaint (“FAC”). The FAC alleges (1) battery; (2) assault; (3) negligence; (4) false arrest/false imprisonment; (5) violation of the Bane Act; (6) violation of the Ralph Civil Rights Act; (7) intentional infliction of emotional distr...

Excerpt: ...tion for summary adjudication of the second, third, and fourth causes of action as to certain patients. On January 19, 2022, the Court granted Defendant's motion to seal its Exhibits 21-34 in support of the motion for summary adjudication. PROCEDURAL CONSIDERATIONS In connection with its opposition to Defendant's motion, Plaintiff filed an appendix of exhibits. Plaintiff's Exhibits D, H, K-N, Q, and Exhibit 4 to Exhibit R are not included in the ...

Excerpt: ...Civil Rights Act. On February 3, 2022 Plaintiffs dismissed the FAC as to Shamsi Tavakoli because she has died. On February 14, 2022, Defendants filed a demurrer and motion to strike. DEMURRER Defendants demur to the entire FAC on the grounds that Harouni lacks standing and did not suffer any discrimination. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When consid...

Excerpt: ...intiff's Objections to the Declaration of Amanda Omahen Nos. 1, 2: Overruled. Nos. 3-6: Sustained. See discussion below. B. Defendants' Objections to the Declaration of Brad P. Avrit Nos. 1-12: Sustained. BACKGROUND FACTS Bevin West LLC hired Grandesign to fabricate and install a promotional display. (Undisputed Material Facts “UMF” 5.) Grandesign obtained a license from H&H, the property owner, for purposes of showing the display. (UMF 6.) G...

Excerpt: ...prejudicial than probative. That other employees complained about Plaintiff watching pornography has little if any relevance to the issue of the alleged fight and is prejudicial. The motion is GRANTED. Plaintiff's MIL No. 2 Plaintiff seeks to exclude evidence not produced in discovery. Plaintiff does not identify any specific evidence. Therefore, this motion is too vague and is DENIED. Plaintiff's MIL No. 3 Plaintiff seeks issue sanctions or an a...

Excerpt: ...f that expert. Notice of this motion shall also be given to the expert. (Code Civ. Proc., § 2034.470, subd. (a).) A motion to set expert compensation shall be accompanied by a meet and confer declaration and either the party or the expert shall provide the other with all of the following: (1) proof of the ordinary and customary fee actually charged and received by that expert for similar services outside the subject litigation; (2) the total num...

Excerpt: ... material facts. That is not the proper place for objections or argument. “[I]nterposing objections into the separate statement defeats the goal of allowing the trial court to quickly and efficiently determine what particular piece of evidence is admitted and what is not.” (Hodjat v. State Farm Mutual Automobile Ins. Co. (2012) 211 Cal.App.4th 1, 9.) FACTUAL BACKGROUND On March 25, 2018, Plaintiff presented to Exer Urgent Care with complaints...

Excerpt: ...mpany (“Hanover”); George Knopfler; and Hamrick & Evans, LLP. Plaintiffs alleges that Massachusetts Bay Insurance Company and Hanover breached the implied covenant, and George Knopfler and Hamrick & Evans, LLP committed legal malpractice. On September 9, 2021, the Court granted Hanover's motion for summary judgment and denied Massachusetts Bay's motion for summary judgment. On November 10, 2021, the parties stipulated to a fourth amended comp...

Excerpt: ...peal denied on February 24, 2022. On February 4, 2022, Defendant filed a motion to hold Plaintiff in contempt and for sanctions based on Plaintiff failing to comply with the November 3, 2021 order. Defendant sought an order of contempt, an order enforcing the November 3, 2021 order, and monetary sanctions. Defendant contended Plaintiff did not produce the documents responsive to request Nos. 42, 43, 45, and 46 but instead required defense counsel...

Excerpt: ...nant of quiet enjoyment; (6) retaliatory eviction; (7) reckless misconduct; and (8) conversion. On September 28, 2021, Plaintiff dismissed the second and fourth causes of action, as well as his “non-statutory claims” for punitive damages. On December 8, 2021, Plaintiff filed this motion for summary judgment, or in the alternative, summary adjudication. Defendants did not file any oppositions. FACTUAL BACKGROUND In July 2014, Plaintiff and Rof...

Excerpt: ... to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.) The burden then shifts to the plaintiff to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers objections to its enforceability. (Ibid.) The Court must grant a petition to compel arbitra...

Excerpt: ...ndant demurs to the fourth, sixth, and seventh causes of action. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A. Fourth Cause of Action – Negligent Infliction of Emotiona...

Excerpt: ...and (6) fraud. On February 1, 2022, Defendants filed a demurrer and motion to strike. MOTION TO STRIKE The Court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subds. (a)-(b).) Defend...

Excerpt: ....) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) The fourth cause of action alleges violation of Business and Professions Code section 17200. California's Unfair Competition Law (“UCL”) includes any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleadin...

Excerpt: ...021 case management conference, the Court deemed this filing as the second amended complaint (“SAC”). The SAC alleges (1) failure to withhold state, federal, Medicare, and Social Security taxes; (2) unfair treatment at the workplace; and (3) fraud and misrepresentation. On August 24, 2021, the Court sustained Defendant's demurrer to the second and third causes of action, and overruled the demurrer to the first cause of action. On December 27,...

Excerpt: ...iffs filed a motion for attorney fees, costs, and expenses. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins with the ‘lodestar,' i.e., the number of hours reasonably expended multipli...

Excerpt: ...ecember 1, 2021, Plaintiff filed a second amended complaint (“SAC”). On December 13, 2021, Defendants filed a motion to strike punitive damages from the first cause of action for wrongful termination. The Court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of...

Excerpt: ...s, $6,729.22 will be paid for costs, and $3,850.00 will be paid to a Settlement Administrator, resulting in a Net Settlement Amount of $79,420.78. Of the Net Settlement Amount, $59,565.59 (75%) will be paid to the Labor and Workforce Development Agency (“LWDA”) and $19,855.19 (25%) will paid to the aggrieved employees on a pro rata basis, based on the number of pay periods each employee worked for Defendant during the covered period. A court ...

Excerpt: ... 2022, NDSC and US Bank Trust National Association, as Trustee for ABS Loan Trust VI (collectively, “Defendants”) filed a demurrer and motion to strike. Plaintiff did not file any oppositions. Defendants' request for judicial notice is granted. The demurrer and the request for judicial notice refer to a surplus funds case involving Plaintiff. Defendants are to file a Notice of Related Case in both this case and Case No. 21STCP03098 within 10 ...

Excerpt: ...laint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) The sixth cause of action alleges Defendant committed fraud by failing to disclose that the lithium-ion battery was defective. (Complaint ¶ 35.) Defendant contends that the ca...

Excerpt: ...nt hired Video Tech Services (“VTS”) to provide a crew for unloading and setting up an American Idol promotional display at the Hollywood and Highland shopping center and theater complex on March 12, 2018. (Undisputed Material Facts “UMF” 1; Response to UMF 1; Additional Material Facts “AMF” 13.) Defendant also hired an independent contractor truck driver to deliver the American Idol heads and mounting bases to the location. (UMF 6.) ...

Excerpt: ...emurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) The sixth cause of action alleges Defendant committed fraud by failing to disclose that the lithium-ion battery was defective. (Co...

Excerpt: ...states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) The sixth cause of action alleges Defendant committed fraud by failing to disclose that the lithium-ion battery was defective. (Complaint ¶ 36.) Defendant contends that the cause of...

Excerpt: ...discrimination and harassment; (6) wrongful discharge; and (7) intentional infliction of emotional distress (“IIED”). On May 28, 2022, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS Plaintiff inserted improper objections and argument in his response to Defendant's separate statement of material facts. That is not the proper place for objections or argument. The separate state...

Excerpt: ...fs are the prevailing party, and Defendants agreed to pay Plaintiffs' reasonable attorney fees and costs. (Mikhov Decl., Ex. D, ¶ 2.) On December 23, 2021, Plaintiff filed a motion for attorney fees and a memorandum of costs. On January 7, 2021, Defendants filed a motion to tax costs. MOTION FOR ATTORNEY FEES As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts...

Excerpt: ...policy; (2) retaliatory discharge in violation of the Labor Code; (3) whistleblower retaliation in violation of the Labor Code; (4) failure to prevent discrimination, harassment, and retaliation; (5) violation of Labor Code section 1019; (6) violation of Labor Code section 1019.1; (7) intentional infliction of emotional distress; and (8) unfair business practices. On October 14, 2021, Plaintiff filed a motion for summary judgment, or in the alter...

Excerpt: ... Decl., Ex. B, ¶¶ 1-3.) On January 11, 2022, Plaintiffs filed a motion for attorney fees, costs, and expenses. Plaintiffs seek $26,445.00 in attorney fees, $3,444.55 in costs, an additional $2,000.00 in attorney fees for this motion's reply and hearing, and a 1.15 lodestar multiplier, totaling $36,672.98. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney fees. (Civ. Code, § 1794, subd. (d).) California courts ...

Excerpt: ...ct within one or two repair visits. The statute requires the manufacturer “to service or repair a new motor vehicle . . . to conform to the applicable express warranties after a reasonable number of attempts.” (Civ Code, § 1793.2, subd. (d)(2).) The statute does not state that the same defect must be serviced or repaired, just that the vehicle be serviced or repaired to conform to warranties. Therefore, the motion is denied on this ground. T...

Excerpt: ... 26, 2021, the Court sustained in part a demurrer to the SAC with leave to amend. The Court also granted Defendants' motion to strike Plaintiff's allegations related to punitive damages, finding that the causes of action did not allege specific facts of the kind of outrageous conduct supporting punitive damages. On June 4, 2021, Plaintiff filed a third amended complaint. On December 22, 2021, Plaintiff filed a motion to leave to file a fourth ame...

Excerpt: ...��); George Knopfler; and Hamrick & Evans, LLP. Plaintiffs alleges that Massachusetts Bay Insurance Company and Hanover breached the implied covenant, and George Knopfler and Hamrick & Evans, LLP committed legal malpractice. On September 9, 2021, the Court granted Hanover's motion for summary judgment and denied Massachusetts Bay's motion for summary judgment. On November 10, 2021, the parties stipulated to Plaintiffs' filing of a fourth amended ...

Excerpt: ...21, the Court granted Defendants' petition to confirm the August 16, 2021 arbitrator's award against Plaintiff and entered judgment. On November 5, 2021, Defendants filed a memorandum of costs after judgment. On November 15, 2021, Plaintiff filed a motion to tax costs. On December 6, 2021, Defendants filed a motion to amend the judgment to add alter ego judgment debtors. MOTION TO TAX COSTS “A ‘verified memorandum of costs is prima facie evid...

Excerpt: ...tion of public policy; (5) failure to pay wages due; (6) failure to pay rest and meal period pay; and (7) unlawful business practices. On September 15, 2021, Plaintiff substituted Martin Bauer, Inc. (“Defendant”) for Doe 1. On June 21, 2021, Defendant filed this motion to compel arbitration and stay the action pending the completion of arbitration. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must alleg...