Excerpt: ...ce De Leon III, and Cameron Williams' Demurrer to Complaint 4. Defendants Bobby Olvera, Jr., Francisco Ponce De Leon III, and Cameron Williams' Motion to Strike Portions of Complaint TENTATIVE RULING Defendants' Demurrers are sustained with 20 days leave to amend. Meet and Confer Defendants Michael H. Wechsler and William Hirai set forth meet and confer declarations in sufficient compliance with CCP §§ 430.41 and 435.5. (Decl., Michael Stevens,...

Excerpt: ...ient compliance with CCP § 430.41. (Decl. Kenneth M. Fitzgerald, ¶ 2.) Requests for Judicial Notice Cross-Defendant's request for judicial notice is granted pursuant to Evidence Code Section 452(d). The Court takes judicial notice of the existence of the Contract Optimization and Audit Agreement and the Professional Services Agreement which were attached to the Complaint. Demurrer A demurrer tests the sufficiency of a complaint as a matter of l...

Excerpt: ...he Court makes the following ruling to Defendants' objections. As to objections 1 to 4 to Defendants' objections to the declarations of Jude Akubuilo, Defendants' objections are sustained. As to objections 1 to 28 to Defendants' objections to the declaration of Jace W. Hyder, Defendants' objections are overruled. As to objections 1 to 6 to Defendants' objections to the deposition testimony of Maetta Cole, Defendants' objections are sustained. Req...

Excerpt: ...n 452(d). Code of Civil Procedure § 1281.2 states, in relevant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” “California law reflects...

Excerpt: ...randum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” Cal. Rules of Court, Rule 3.1700(b)(1). “Unless objection is made to the entire cost memorandum, the motion to strike or tax costs must refer to each item objected to by the same number and appear in the same...

Excerpt: ...sh Service of Summons and Cross-Complaint is denied. However, the Court's own motion to dismiss the Cross-Complaint based on forum non conveniens is granted. The Plaintiff (or, here, Cross-Complainant) has the burden to show that sufficient minimum contacts exist between Defendant (Cross-Defendant) and California in order to establishing personal jurisdiction. See, Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710; See, also, Edmunds v. Sup...

Excerpt: ...Set One The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to Nos. 18 and 24 to the extent defendant has not yet produced responsive documents that it has agreed to produce. Defendant is ordered to produce responsive documents within 15 days. The motion is DENIED as to Nos. 29-32. BACKGROUND On May 17, 2019, Nicholas Franco filed a complaint against American Honda Motor Co. Inc. for violation of statuto...

Excerpt: ...and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action for IIED. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On August 3, 2020, plaintiff Laurie Kyong Wiluan filed a complaint against Steve and Annalisa Agoston, ind. and as trustees of the Agoston Family Revocable Trust for (1) violation of Civil Code 1950.5, (2) intrusion into private affairs, (3) IIED, and (4) declaratory ...

Excerpt: ...of Writ of Attachment as to The Harvest Bar 2, LLC is granted. The attachment remedy allows commercial creditors holding unsecured claims or claims secured only by personal property to create judicial liens on a defendant's property before final adjudication of the claims sued upon. See, Kemp Bros. Const., Inc. v. Titan Elec. Corp. (2007) 146 Cal.App.4th 1474, 1476. The requirements authorizing attachment are the following: (1) the claim must be ...

Excerpt: ... If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” Cal. Rules of Court, Rule 3.1700(b)(1). “Unless objection is made to the entire cost memorandum, the motion to strike or tax costs must refer to each item objected to by the same number and a...

Excerpt: ... 2020. First, this motion was continued from September 30, 2020 to the current date, because moving party had apparently not served Defendant BWMB, LLC with the motion. While it does appear that BWMB, LLC has been served since it filed a substantive opposition, Plaintiff has still not filed the proof of service. Plaintiff is ordered to file the proof of service forthwith. Code Civ. Proc., § 1281.8 states, in relevant part: “(a) As used in this...

Excerpt: ...el Kashfian and Candice Kashfian's Motion to Strike Portions of Complaint is denied. Meet and Confer Defendants set forth an adequate meet and confer declaration in compliance with CCP § 430.41 and CCP § 435.5. (Decl., Thomas J. Weiss, dated Aug. 20, 2020.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the ...

Excerpt: ...Hyundai Motor America's Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend, in part, and denied, in part. Meet and Confer Demurring/Moving Defendants set forth adequate meet and confer declarations in compliance with CCP §§ 430.41 and 435.5. (Declaration, Sam Azimtash, ¶¶ 2-6.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foun...

Excerpt: ...ial Notice Plaintiffs' request for judicial notice of various recorded instruments as well as various court records is granted pursuant to Evidence Code Sections 452(d) and (h). Motion for Summary Judgment and/or Summary Adjudication The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is i...

Excerpt: ...eave to amend, in part Jean-Paul Cyril Issock, et al.'s Motion to Strike Complaint is denied, in part, and moot, in part. Meet and Confer Demurring/Moving Defendants set forth adequate meet and confer declarations in compliance with CCP §§ 430.41 and 435.5. (Declarations, Justin Escano, ¶¶ 4-6.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35...

Excerpt: ... Ramin M. Roohipour, M.D., Inc.'s Joint Application to File Documents Under Seal is granted. Aetna, Inc.'s Motion for Summary Judgment, or Alternatively for Summary Adjudication of Issues is denied. Application to Seal Exhibits Related to Defendant's Motion for Summary Judgment Plaintiff and Defendant (collectively “Applicants”) jointly filed an application to seal exhibits filed in conjunction with the motion for summary judgment and/or adju...

Excerpt: ... forth a declaration in sufficient compliance with CCP § 439(a). (Decl. Freddie V. Vega, ¶¶ 3-10.) Request for Judicial Notice The request for judicial notice of the Complaint is granted pursuant to Evidence Code Section 452(d). The request for judicial notice of the Apartment Management Agreement is denied. Objections The objections to the declaration of Robert Keith Green are sustained. Objections to paragraphs 3 and 4 to the declaration of ...

Excerpt: ...ithout leave to amend, in part. Meet and Confer Defendants set forth a meet and confer declaration in substantial compliance with CCP § 430.41. (Declaration, Corinna Z. Jiang, ¶¶ 4-8.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the...

Excerpt: ...f's First Amended Complaint are sustained without leave to amend. Meet and Confer Demurring Defendants set forth an adequate meet and confer declarations in compliance with CCP § 430.41. (Declaration, Tim Pomeroy, ¶¶ 2-6; Declaration, Fred T. Winters, ¶¶ 2-4.) Request for Judicial Notice Defendants request the Court take judicial notice of the various recorded documents. (Clear Recon Corp., Exhibit 1; Federal Home Loan Mortgage, Exhibits A-H...

Excerpt: ...oman and RAC Construction, Inc. against the property commonly known as 5959-5961 W. 85th Place Los Angeles, CA 90045, County of Los Angeles, APN #4107-020- 011, recorded on April 27, 2020, in the official records of the County of Los Angeles, document number 20200458743. Legal Standard “The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action to en...

Excerpt: ... Properties Airport Plaza, LLC, et al.'s Demurrer to First Amended Cross- Complaint is sustained with 20 days leave to amend. Vasile Properties Airport Plaza, LLC, et al.'s Motion to Strike Portions of First Amended Cross-Complaint is moot. Meet and Confer Cross-Defendants set forth meet and confer declarations in substantial compliance with CCP §§ 430.41 and 435.5. (Declarations, Eamonn Jafari, dated Jan. 27, 2020.) Demurrer A demurrer tests t...

Excerpt: ... authority includes amending a judgment against a corporation to add a nonparty alter ego as a judgment debtor. Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conference Ctr. Board (1996) 41 Cal.App.4th 1551, 1554-55. The reasoning is based on the theory that the court is not amending the judgment to add a new defendant but is merely inserting the correct name of the real defendant. “Such a procedure is … appropriate … where it can be dem...

Excerpt: ...h a declaration in sufficient compliance with CCP § 439(a). (Decl., Shane E. Coons, ¶¶ 3-6.) Motion for Judgment on the Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Code Civ. Proc., § 438, subd. (f). Except as provided by statute, the rules governing demurrers apply. Civic Partners Stockton, LLC v. Youssefi (2013) 218 Cal.App.4th 1005, 1012. �...

Excerpt: ... in part, and overruled, in part. Gold Gate Capital, et al.'s Motion to Strike Portions of Complaint is denied, in part, granted, with 20 days leave to amend, in part, and moot, in part. Meet and Confer Defendants submitted a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Doron F. Eghbali, ¶¶ 3-7.) Defendants did not submit a meet and confer declaration in support of their Motion to Strike in compliance with CC...

Excerpt: ... relevant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists ….” “California law reflects a strong public policy in favor of arbitration as a ...