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...

Excerpt: ...�Defendant's motion to 5th cause of action (FACC ¶¶57‐61) is granted along with the prayer for reasonable attorney's fees and costs under Business & Professions Code §7160 (FACC ¶65). Cross‐Defendant's motion to strike Cross‐ Complainant's prayer for punitive damages (FACC ¶63) is granted with 20 days leave to amend. Cross‐Defendant's motion to strike general and special damages (FACC ¶62) and interest (FACC ¶64) is denied. Plainti...

Excerpt: ...of action. Defendant Los Angeles Unified School District's motion to strike is denied as moot. Defendant Los Angeles Unified School District [erroneously sued as Los Angeles Unified School District Accounting & Disbursements Division Payroll Administration Branch] (“LAUSD”) (“Defendant”) demurs to Plaintiff Victoria Suarez's (“Suarez”) (“Plaintiff”) complaint (“Complaint”) as to the 5th, 6th, 7th, and 8th causes of action on t...

Excerpt: ... California's (“WCHC”) and Rosemary Lord (“Lord”) (collectively, “Defendants”), demur to Plaintiffs Sara Van Horn's (“Sara”) and Patrick Van Horn's (“Patrick”) (collectively, “Plaintiffs”) 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, and 10th causes of action in their complaint (“Complaint”) on the basis they lack standing and are barred by judicial estoppel from bringing their claims therefore fail to state facts suff...

Excerpt: ...tion for judgment claiming her damages (alleged physical and emotional injuries, medical treatment or work disabilities) stem from causes other than her car accident occurring in October 2018 for failure to produce Court‐ordered records pertaining to that same serious car accident in response to RFP No. 30. Defendant's request for issue sanctions is denied. Plaintiff is ordered to produce Code‐compliant responses to SROG Nos. 27‐29 within 2...

Excerpt: ...d K-Motors SJC, LLC dba Glendale Nissan (“Glendale Nissan”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiffs Luis Duenas (“Duenas”) and Valerie Brenes (“Brenes”) (collectively, “Plaintiffs”) and staying the action pending completion of arbitration pursuant to the Federal Arbitration Act (“FAA”). (Notice of Motion, pg. 2; 9 U.S.C. §3; C.C.P. §1281.4.) Evidentiary O...

Excerpt: ...ayne Law Group, APC's and Shannon Payne's motion to strike is denied as moot. Defendants Payne Law Group, APC (“Payne Law”) and Shannon Payne (“Payne”) (collectively, “Payne Defendants”) demur to Plaintiff Melissa Zelenovic's (“Zelenovic”) (“Plaintiff”) 1st, 2nd, and 3rd causes of action in her second amended complaint (“SAC”) on the basis they fail to state facts sufficient to allege causes of action and are impermissibly...

Excerpt: ... and Orcoexpo, (“Pattillo”) (“Defendant”) moves for a protective order against Plaintiff Wesley Robbins' (“Robbins”) (“Plaintiff”) Special Interrogatories (Set Two) (“SROG”) on the basis Plaintiff has exhausted the number of allowed specially prepared interrogatories and to protect Defendant from unwarranted annoyance, embarrassment, oppression, and undue burden and expense. (Notice of Motion, pg. 2; C.C.P. §2030.090.) Backgr...

Excerpt: ...Defendants”) move for an order awarding attorneys' fees against Plaintiffs Coffee + Food, LLC (“ Coffee + Food ”) and Art Works Studio & Classroom, LLC (“Art Works”) (collectively, “Plaintiffs”) in the amount of $149,924.90.00 as the prevailing party for attorneys' fees other than those related to their anti-SLAPP motion. (Notice of Motion, pgs. 1-2; Civ. Code §1717(a); C.C.P. §1032.) Background On April 25, 2019, Plaintiffs filed...

Excerpt: ...Defendant”) demurs to Plaintiff Kellyn Zuniga's (“Zuniga”) (“Plaintiff”) complaint (“Complaint”). (Notice of Demurrer, pgs. 1-2.) Defendant also moves to strike Plaintiff's claim for punitive damages. (Notice of MTS, pgs. 1-4; C.C.P. §436(a).) Background On December 8, 2022, Plaintiff filed the operative complaint in the instant action against Defendant alleging nine causes of action: (1) declaratory relief; (2) Business and Profes...

Excerpt: ...h 20 days leave to amend. Defendant Carlton Forge Works (“Carlton”) (“Defendant”) [1] demurs to the 1st, 2nd, 3rd, and 4th causes of action in Plaintiffs Alfredo Contreras Sierra's (“Sierra”) and Carlos Nava Vega's (“Vega”) (collectively, “Plaintiffs”) complaint (“Complaint”). (Notice of Demurrer, pg. 2.) Request for Judicial Notice Plaintiffs' June 7, 2023, request for judicial notice of the Complaint in the instant matte...

Excerpt: ...ich it argues materially affected its substantial rights and prevented a fair trial: (1) irregularity in the proceedings of the Court (C.C.P. §657(1)); (2) improper orders of the Court (C.C.P. §657(1)); (3) abuse of discretion by the Court (C.C.P. §657(1)); (4) the evidence was insufficient to justify the Decision (C.C.P. §657(6)); (5) the Decision is contrary to law (C.C.P. §657(6)); and (6) error in law occurring at the trial and objected ...

Excerpt: ...t's, Rebecca Proo's, and Michael Proo's motion to strike Plaintiffs' claim for punitive damages is granted. Defendants Willabee Property Management, Rebecca Proo, and Michael Proo (collectively, “Willabee Defendants”) demur to Plaintiffs Sherry Smith's (“Sherry”), Marquis Smith's (“Marquis”), Jeremiah Smith's (“Jeremiah”), Faith Smith's (“Faith”), Joseph Smith's (“Joseph”), and Nehemiah Smith's (“Nehemiah”) (collective...

Excerpt: ...10% interest from August 20, 2020, to the present, against Defendants Mostafa Narimanzadeh, aka Thomas Nariman; Fariba Atighehchi; and GQ Fresh, Inc., dba Pinkberry aka Pinkberry Sunset and Fuller is denied. Plaintiffs Kuimars Soleimany (“Kuimars”) and Shanaz “Suzy” Soleimany, aka Shahnaz Soleimany (“Shanaz”) (“Plaintiffs”) move to amend the Judgment to include restitution, or in the alternative, an order of restitution in the amo...

Excerpt: ...iff Five Points, LP, is sustained as to the 5th cause of action with 20 days leave to amend. Defendant City of Irwindale (“City”) (“Defendant”) demurs to Plaintiff Five Points, LP's (“Five Points”) (“Plaintiff”) 1st, 2nd, 3rd, 4th, and 5th causes of action in its first amended complaint (“FAC”). (Notice of Demurrer, pgs. 1-2.) Request for Judicial Notice Defendant's 4/25/23 request for judicial notice of (1) City of Irwindale ...

Excerpt: ...ross‐Complainants Alkaline 88, LLC's and The Alkaline Water Company, Inc.'s second amended cross‐complaint is denied as moot. Cross-Defendants Castello Sales, LLC (“Castello Sales”); Castello Profile, LLC (“Castello Profile”); and David White (“White”) (collectively “Cross-Defendants”) move for an order dismissing Cross- Complainants Alkaline 88, LLC's and The Alkaline Water Company, Inc.'s (collectively, “Alkaline”) (coll...

Excerpt: ...C's and Lorna Mouton Riff's unopposed motion to strike is denied as moot. Defendants Payne Law Group, APC's and Shannon Payne's demurrer to the second amended complaint is sustained as to the 3rd cause of action with 20 days leave to amend and overruled as to the 1st and 2nd causes of action. Defendants Payne Law Group, APC's and Shannon Payne's motion to strike is denied as moot. Defendants CBIZ MHM, LLC (“CBIZ”) and Lorna Mouton Riff (“Ri...

Excerpt: ...”) demurs to Plaintiff Brandon Kwak's (“Kwak”) (“Plaintiff”) 1st, 2nd, 3rd, and 4th causes of action in his complaint (“Complaint”) on the basis they fail to state facts sufficient to allege causes of action. (Notice of Demurrer, pg. 2.) Background On November 7, 2022, Plaintiff filed his operative Complaint against Defendant alleging four causes of action: (1) professional negligence; (2) negligence; (3) breach of fiduciary duty; a...