Excerpt: ...reuter is sustained as to the 2nd cause of action with 20 days leave to amend. Defendants Jack J. Suddarth's, Equity Wave Lending, Inc.'s, Gregory A. Moore's, and Edith Moore's demurrer to the first amended complaint of Plaintiffs Jonathan S. Powers, individually and as attorney‐in‐fact for Phyllis A. Powers and Jonathan S. Powers Roth IRA, and Henry Kreuter is overruled as to the 1st cause of action as to Defendants and 2nd as to EWL and Sud...

Excerpt: ...moves to strike portions of Plaintiff Shirley Alvarado-Del Aguila's (“Alvarado Del-Aguila”) (“Plaintiff”) first amended complaint (“FAC”), specifically the claims for punitive and exemplary damages pursuant to C.C.P. §435(b)(1). (Notice of Motion, pgs. 1-7; C.C.P. §§431.10(b), 436.) Defendant's motion is made on the grounds that the requests for punitive damages are improper because they constitute demands for relief not supported ...

Excerpt: ...to quash Defendant Plaintiff Anthony Eugene Talbert's subpoena for personal appearance of Lisa Korbatov is denied. Defendant Beverly Hills Unified School District (“BHUSD”) (“Defendant”) moves to quash Plaintiff, Anthony Eugene Talbert's (“Talbert”) (“Plaintiff”) subpoena for personal appearance of Kimberly Ludwin, Esq. (“Ludwin”). (Notice Motion Ludwin, pgs. 1-2.) Defendant also moves to quash Plaintiff's subpoena for persona...

Excerpt: ...�10K”) demur to the 1st (fraud- intentional misrepresentation), and 2nd (conspiracy to commit fraud) causes of action in the third amended cross- complaint (“TACC”) of A88 Alkaline 88, LLC and The Alkaline Water Co. (collectively “A88”). (Notice of Motion Demurrer, pg. ii; C.C.P. §§430.10(e), (f).) The demurrer was initially set to be heard on July 31, 2023. The Court issued a tentative ruling on this matter in advance of the July 31,...

Excerpt: ...imited to those described in estoppel certificates they signed, which rights do not include paid parking and utilities; c) Paul Luigi rights are limited to those listed in the AAGLA form lease and do not include the right to have JanChung Ozu co-occupy his unit; d) Rent control laws do not apply to certain Defendants; e) The rent Defendants must pay is the maximum allowable under law; f) (Same as (e), above; g) That Plaintiff has the right to cho...

Excerpt: ...e 900, Los Angeles, California 90010, is denied. The Court declines parties' requests to award sanctions. Plaintiff Andrew Yong Ahn's motion to quash Defendant VolumeCocomo Apparel, Inc.'s subpoena duces tecum for personal appearance and production of documents served on the custodian of records for Pacific City Bank, located at 25350 Playa Serena Drive, Valencia, California 91381, is denied. The Court declines parties' requests to award sanction...

Excerpt: ...Inc.'s motion to compel Plaintiff Malena Gurcinas Nicolini to provide responses to its Form Interrogatories – Employment (Set One) is denied without prejudice. Defendant EGL Properties, Inc.'s motion to compel Plaintiff Malena Gurcinas Nicolini to provide responses to its Special Interrogatories (Set One) is denied without prejudice. Defendant EGL Properties, Inc.'s motion to compel Plaintiff Malena Gurcinas Nicolini to provide responses to its...

Excerpt: ...�Tidwell”) (“Defendant”) moves to strike the 2nd and 4th causes of action in the complaint of Plaintiff Art Colony Property, LLC (“Art Colony”) (“Plaintiff”) on the ground the causes of action are predicated on Tidwell's right to petition and Tidwell's right to free speech, including privileged communications made in connection with a pre-litigation settlement demand on issues of public interest. (Notice of Motion, pgs. 1-2; C.C.P. ...

Excerpt: ...ns against Defendant Scott Northern and Defendant/Cross‐ Complainant Mike Brown Grandstands, Inc. is denied. Plaintiffs' request for sanctions against Defendant Scott Northern and Defendant/Cross‐ Complainant Mike Brown Grandstands, Inc. is denied. Defendant Scott Northern (“Northern”) and Defendant/Cross-Complainant Mike Brown Grandstands, Inc. (“MBG”) (collectively, “Northern and MBG”) move to reopen discovery. (Notice of Motion...

Excerpt: ...and The Alkaline Water Co. is overruled as untimely. Cross-Defendants 10K Advertising, LLC (“10K LLC”), 10K Advertising, Inc. (“10K Inc.”), Haugesund Group, LLC (“Haugesund”), Stephen Haugse [erroneously sued as “Steve Haugse”] (“Haugse”), and Francis Fazzina (“Fazzina”) (collectively, “the 10K entities” or “Cross-Defendants”) demur to the 1st (fraud- intentional misrepresentation), and 2nd (conspiracy to commit fr...

Excerpt: ...ollectively, “Plaintiffs”) move for an order allowing leave to file a first amended complaint (“FAC”) to add a cause of action for breach of fiduciary duty with a prayer for punitive damages and to delete parties to reflect prior dismissals and agreements between the parties. (Notice of Motion, pg. 2; C.C.P. §473.) Plaintiffs further request the Court bifurcate the trial of punitive damages. (Notice of Motion, pg. 2.) Motion for Leave to...

Excerpt: ...bert Assil's motion to strike is denied as moot. Defendant Oakwood Holdings LLC's demurrer to Plaintiff Timothy Hennessy's first amended complaint is overruled as to the 1st, 2nd, 3rd, 4th, 5th, 7th, and 8th causes of action and sustained with 20 days leave to amend as to the 6th and 9th causes of action. Defendant Oakwood Holdings LLC's motion to strike is denied as moot. Defendant Robert Assil (“Assil”) (“Defendant”) demurs to Plaintiff...

Excerpt: ... 2; C.C.P. §§473, 576; CRC Rule 3.1324.) Background On May 6, 2022, Plaintiff filed its initial complaint against Defendant Marine Truck Service, Inc. [erroneously sued as Marin Truck Services, Inc.] (“Marine”) (“Defendant”) alleging eight causes of action for (1) possession of personal property and damages (claim and delivery) (C.C.P. §§667, 3379, 3380), (2) conversion, (3) negligence, (4) breach of contract, (5) intentional interfer...

Excerpt: ... 20 days leave to amend. Defendant Mercury Insurance Services, LLC (“Mercury”) (“Defendant”) demurs to Plaintiff Clean Initiative LLC's (“Clean Initiative”) (“Plaintiff”) first amended complaint (“FAC”) as to the 1st and 2nd causes of action on the grounds they are uncertain and the 2nd cause of action does not allege sufficient facts to establish a cause of action and Plaintiff lacks standing. (Notice of Demurrer, pg. 1; C.C....

Excerpt: ...mplaint) is denied. Plaintiff DCK Sales, Corporation (“DCK”) (“Plaintiff”) moves for an order determining Illinois law governs its claims against Defendant Graymills Corporation (“Graymills”) (“Defendant”) in this action, applying the Illinois Sales Representative Act (820 Ill. Comp. Stat. Ann. 120/0.01 et seq.) (“ISRA”) pled as the fourth cause of action in Plaintiff's Complaint. (Notice of Motion, pg. 2; see, e.g., First Sta...

Excerpt: ...of attorneys' fees of $7,237,496.90. The Court awards McLear's request for costs in the amount of $259,984.67. Defendants McLear Ltd. and McLear & Co. (collectively, “McLear”) move unopposed for an order awarding them attorneys' fees and costs against Cross-Defendant Michelle Silverstein (“Silverstein”) (“Cross-Defendant”) in the total amount of $7,210,830.76 as the prevailing party in litigation arising out of Silverstein's breach of...

Excerpt: ... of Carpenters and Joiners of America (“UBC”) (“Defendant”) demurs to the 1st (gender discrimination in violation of the Gov. Code §§12940 et seq.), 2nd (gender harassment in violation of Gov. Code §§12940 et seq.), 3rd (wrongful termination in violation of public policy), 4th (negligent supervision, hiring, and retention), 5th (failure to take all reasonable steps to prevent harassment and discrimination in violation of §§12940(j)(...

Excerpt: ...f Plaintiffs Jack Gurule and Ludmila Elgourt is sustained without leave to amend as to the 2nd, 4th, 5th, 6th, 7th, and 8th causes of action. Defendant Boston Scientific Corporation (“BSC”) (“Defendant”) moves unopposed for an order admitting Aleena Wilson to appear pro hac vice. (Notice of Motion, pg. 1.) BSC demurs to Plaintiffs Jack Gurule's (“Gurule”) and Ludmila Elgourt's (“Elgourt”) (collectively, “Plaintiffs”) first ame...

Excerpt: ...ended complaint (“SAC”) of Plaintiff Blackburn Holdings, LLC (“Blackburn”) (“Plaintiff”) as to the causes of action for unlawful detainer of the on the grounds that the claim fail to allege facts sufficient to constitute a viable cause of action (1) is based on the same defective Notice to Cure or Quit and Notice to Quit (“Notices”) the court has already found cannot support unlawful detainer; (2) allegations that Defendant “und...

Excerpt: ...ith 20 days leave to amend as to the 3rd cause of action. Defendant's motion to strike is denied as moot. Defendant David Aschkenasy (“Aschkenasy”) (“Defendant”) demurs to the 1st, 2nd, and 3rd causes of action in the first amended complaint (“FAC”) of Plaintiffs Metro Entertainment, Inc. (“Metro”) and Gold Star Hospitality, LLC (“Gold Star”) (collectively, “Plaintiffs”) on the grounds that the various causes of action fai...

Excerpt: ...irm its contractual arbitration award issued in its favor and against Respondents 702 Saint Andrews, LLC (“702”), Manuel Bernal (“Bernal”), and Bernal Capital Group (“BCG”) (collectively, “Respondents”). (Notice of Petition, pg. 1.) Request for Judicial Notice Respondents' 4/6/23 request for judicial notice of (1) City of Los Angeles – Safer at Home (Exh. A); (2) City of Los Angeles Rent Freeze (Exh. B); (3) Safer at Home Order ...

Excerpt: ...second amended complaint (“SAC”) of Plaintiff Carla Barboza (“Barboza”) (“Plaintiff”) as to the 5th and 6th causes of action of the on the grounds that the various causes of action fail to allege facts sufficient to constitute viable causes of action. (Notice of Demurrer, pg. 1; C.C.P. §430.10(e).) Background On September 30, 2021, Plaintiff filed her initial complaint (“Complaint”) against Defendant. On May 9, 2022, Plaintiff fi...

Excerpt: ...s. To the extent responses are subject to privilege, Defendant must produce a detailed privilege log specify the date of the document; the type of document; the name of the documents author(s); the names of the recipient(s), including the names of those receiving copies; and the nature and basis of the privilege claimed. (C.C.P. § 2031.240(c)(1).) Plaintiff Eileen Vines (“Vines”) (“Plaintiff”) moves to compel Defendant American Honda Mot...

Excerpt: ...fendant as to ¶¶457, 681, 702, 709, and 715(b). Defendant's motion to strike Plaintiff's claim for attorneys' fees is denied as to ¶¶682 and 715(c). Defendant's motion to strike Plaintiff's claim for treble damages is denied as to ¶¶458, 681, and 715(a). Defendant David Cobb dba Newport Harbor Stamp Co. (“Cobb”) (“Defendant”) demurs to the 7th and 15th causes of action in Plaintiff Wesley Robbins' (“Robbins”) (“Plaintiff”) s...

Excerpt: ...ndividually and dba Law Offices of Frank H. Whitehead, III's motion in the alternative to strike portions of Plaintiffs' complaint is denied as to the 1st cause of action and granted as to the 2nd cause of action. Defendant may separately move for an award of attorneys' fees and costs. Defendant Frank H. Whitehead, III, individually and dba Law Offices of Frank H. Whitehead, III (“Whitehead”) (“Defendant”) moves to strike the complaint of...