Excerpt: ...ustained without leave to amend as to the 6th cause of action. Defendant Robert Assil (“Assil”) (“Defendant”) demurs to Plaintiff Timothy Hennessy's (“Hennessy”) (“Plaintiff”) second amended complaint (“SAC”) on the grounds that the 6th cause of action in the SAC fails to state facts sufficient to constitute a cause o f action against Assil and the SAC is uncertain. (Notice of Demurrer Assil, pg. 2; C.C.P. §§430.10(e), (f).)...

Excerpt: ...ion, pg. 1.) Motion for Judgment on the Pleadings Legal Standard “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself.” ( Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650, citing Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 877; see also Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1055 [“common law ground for a motion for judgment on the pleadings is identical to th...

Excerpt: ...ly, pursuant to C.C.P. §§1281.98(c)(1) and 1281.99(a), is granted. Plaintiff's request for C.C.P. §128.5 sanctions is denied. Plaintiff Carla Rosen -Vacher (“Rosen -Vacher”) (“ Plaintiff”) moves to vacate the C.C.P. §1281.4 stay that has been placed on this action since May 13, 2022, upon this Court ordering this case to arbitration. (Notice of Motion, pgs. 1- 2.) Plaintiff also requests sanctions totaling $56,153.34 against all defen...

Excerpt: ...2,736.99. Plaintiff Elizabeth Escobar (“Escobar”) (“Plaintiff”) moves for an order awarding her attorneys' fees and costs against Defendants Los Cipotes Salvadorean Grill (“Grill”) and Los Cipotes Restaurant Bakery (“Bakery”) (collectively, “Los Cipotes”). (Notice of Motion, pgs. i-ii.) Plaintiff requests fees and costs in the amount of $678,946.99. (Notice of Motion, pg. i; Gov. Code §12965(b); CRC, Rule 3.1702.) Request for...

Excerpt: ...nd 8th causes of action. Defendants JHPDE SPV II, LLC [ erroneously sued as JHPDE SVP II, LLC] (“SPV II”), Paradigm Assets Management, LLC (“PAM”), and Headway Capital, LLC (“Headway”) (collectively, “Defendants”) demur unopposed to pro per Plaintiff Wook Kim's (“Kim”) (“Plaintiff”) second amended complaint (“SAC”) on the ground that each of the purported causes of action fail to state facts sufficient to constitute ca...

Excerpt: ...s Court to vacate and set aside the judgment of dismissal entered on October 26, 2023, on the Court's own motion, on thirteen grounds, including that Plaintiff's Counsel admitted that due to excusable neglect, mistake, inadvertence, he was unable t o appear at 8:30am on October 26, 2023 and was unable to connect to the LA Court Connect to appear absent a prior court reservation. (Notice of Motion, pgs. 1-3; C.C.P. §§473(b), 128.) Background On ...

Excerpt: ...2025, at 8:30 a.m. The parties are directed to submit a joint statement five calendar days in advance, apprising the Court of the status of the arbitration. Defendants CWD, LLC (“CWD”), Brake Parts LLC (“Brake Parts”), and Modern HR, Inc. (“Modern HR”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Daniel Villalta (“Villalta”) (“Plaintiff”) and staying the instant ...

Excerpt: ...of record is granted. Petitioner's request for attorneys' fees incurred in connection with its motion is granted in the reduced amount of $2,010.00. Sanctions are payable by Respondent and its counsel of record within 20 days. Petitioner Jesse Rios (“Rios”) (“Petitioner”) moves unopposed to quash Respondent Liberty Mutual Fire Insurance Company's (“Liberty Mutual”) (“Respondent”) deposition subpoena for business records issued to ...

Excerpt: ... this Court to reconsider its ruling granting summary adjudication of the 9th and 10th causes of action, and prayer for punitive damages. (Notice of Motion, pg. 1; C.C.P. §1008.) Procedural Background On August 12, 2020, Plaintiff filed her initial complaint in the instant action against Defendants. On December 5, 2022, Plaintiff filed the operative FAC against Defendants alleging ten causes of action for (1) retaliation in violation of Labor Co...

Excerpt: ...d, 4th, 5th, 6th, 17th, and 25th causes of action. Defendants Home Run Builders Inc.'s, Valley Vista 18 Project LLC's, Shachar Shabtay's, Anette Sharvit's, Shachar Sharvit's, and Asaf Asi Azami's motion to strike is denied. Defendants Home Run Builders Inc. (“HRB Inc.”), Valley Vista 18 Project LLC (“Valley 18 LLC”), Shachar Shabtay (“S. Shabtay”), Anette Sharvit (“A. Sharvit”), Shachar Sharvit (“S. Sharvit”), and Asaf Asi Aza...

Excerpt: ... of action, and sustained without leave to amend as to the 1st and 4th causes of action. Defendants Dorcy, Inc. dba Conscious Co -Parenting Institute (“Conscious Co- Parenting”) and Dorcy Pruter (“Pruter”) (collectively, “Defendants”) demur to the 1st, 2nd, and 4th causes of action in Plaintiffs Jenna Noble's (“Noble”), Michael Eisenberg's (“Eis enberg”), and Eisenberg & Associates' (“E&A”) (collectively, “Plaintiffs”)...

Excerpt: ... unopposed motion to strike pro per Plaintiff Ali Tamimi's second amended complaint in the lead case, 23STCV03727, is denied as moot. Defendant Steven F. Stanley's unopposed demurrer to pro per Plaintiff Ali Tamimi's second amended complaint in the related case, 23STCV03734, is overruled as to the 1st cause of action for breach of contract and 2nd cause of action for fraud; and sustained as to the 3rd cause of action for intentional misrepresenta...

Excerpt: ...award is denied. Petitioner ABP Parcel 8, LLC (“ABP”) (“Petitioner”) petitions this Court to confirm the arbitration award. (Notice of Petition, pg. 1.) Respondent Marina Pacifica, LLC (“Marina”) (“Respondent”) cross -petitions this Court to vacate the arbitration award. (Cross-Petition Vacate, pg. 3.) CRC Violations CRC, Rule 3.1113(d) provides, “[e]xcept in a summary judgment or summary adjudication motion, no opening or respo...

Excerpt: ...d is denied. Respondent State of California, Department of Transportation's unopposed motion to dismiss petition to petition to vacate arbitration award is granted. Respondent is directed to submit a judgment to the Court in its favor. Petitioner Highland Construction, Inc. (“Highland”) (“Petitioner”) moves to vacate the arbitration order and judgment entered on September 27, 2022, and requests this Court order a new arbitration hearing a...

Excerpt: ...s (“Segura -Campos”) (“Plaintiff”) moves for and order granting leave to file a third amended complaint (“TAC”) and deeming the TAC filed. (Notice of Motion, pgs. 1- 6.) Plaintiff moves on the basis that such motions are liberally granted, no prejudice accrues to Defendants, and Plaintiff has good cause for the amendments she seeks. (Notice of Motion, pg. 1.) Procedural Background Plaintiff filed her initial complaint (“Complaint”...

Excerpt: ...3rd causes of action in the first amended complaint (“FAC”) of Plaintiff Sitrick Group, LLC (“Sitrick”) (“Plaintiff”). (Notice of Demurrer, pg. 2; C.C.P. §§430.10(d), (e).) Request for Judicial Notice Defendant's 11/13/24 request for judicial notice of the letter fee agreement of Sitrick and Company, a unit of Sitrick Group, LLC, addressed to attorney Marc Kasowitz, and signed by Michael Sitrick, Marc Kasowitz, and Peck, dated May 2...

Excerpt: ...uest for monetary sanctions against Defendant is granted in the amount of $3,361.65, payable within 20 days. Plaintiff Timothy Hennessy (“Hennessy”) (“Plaintiff”) moves to compel the deposition of Defendant Robert Assil (“Assil”) (“Defendant”) to appear for deposition and produce documents. (Notice of Motion, pgs. 1-2; C.C.P §2025.480.) Plaintiff also moves for an order awarding monetary sanctions against Defendant in the amount ...

Excerpt: ...for deposition on all noticed matters for examination, and to pay the $2,310.00 in sanctions it was ordered to pay. Plaintiff's request for monetary sanctions is granted against Defendant and its counsel of record, Erskine Law Group, jointly and severally, in the amount of $1,860.00, within 20 days of this ruling. Plaintiff Jose Tapia (“Tapia”) (“Plaintiff”) moves to compel Defendant General Motors LLC (“GM”) (“Defendant”) to comp...

Excerpt: ...sts is granted in the amount of $1,097.38. Plaintiff Alexandria Danielle Mosher (“Mosher”) (“Plaintiff”) moves for an order awarding her attorneys' fees, reasonable costs, and expenses and against Defendants Hyundai Motor America (“HMA”) and Parkway Hyundai (“Parkway”) (collectively, “Defendants”) as the prevailing party pursuant to the accepted Release and Settlement Agreement (“Settlement Agreement”) accepted and signed ...

Excerpt: ...(“TCS”) (“Plaintiff”) Complaint (“Complaint”) as to each cause of action alleged against him. (Notice of Demurrer, pg. 1; C.C.P. §§430.10(e), (g).) Background Plaintiff filed its operative Complaint on November 14, 2023 against Defendants Sunna “Olive” Kim (“Olive”), Insil “Christina” Kim (“Christina”), Helen Yang (“Yang”), Raysa Cerna (“Cerna”), Pauline Contreras (“Contreras”), Paul Kim (“Paul”), Rac...

Excerpt: ...rties, Inc.'s and Jeremy Rodriguez's motion in the alternative for summary judgment adjudication is denied as to the 1st, 2nd, 3rd, 4th, 5th, and 6th causes of action. Defendants Pinnacle Estate Properties, Inc. (“Pinnacle”) and Jeremy Rodriguez (“Rodriguez”) (collectively, “Pinnacle Defendants”) move for summary judgment of Plaintiffs Teodulo Castellanos' (“Teodulo”) and Maria Castellanos' (“Maria”) (collectively, “Plai nti...

Excerpt: ...efendant”) demurs unopposed to pro per Plaintiff Kelley Angela Bell's (“Bell”) (“Plaintiff”) defective complaint (“Complaint”) as to each cause of action. (Notice of Demurrer, pg. 1; C.C.P. §§430.10(e)-(f).) Request for Judicial Notice Chase's 1/16/24 request for judicial notice of the appellate decision Bell v. Mason (2011) 194 Cal.App.4th 1102, is granted. (D-RJN, Exh. 1.) Background In 2006, Plaintiff filed a complaint (“2006...

Excerpt: ...ina Pacifica”) (“Petitioner”) petitions this Court for an order authorizing it to take the oral deposition of attorneys Craig Edgecumbe and Robert Rocchi for the purpose of preserving their testimony for use in the event an action is subsequently filed . (Petition, pg. 2; C.C.P. §2035.010 et seq.) Background Marina Pacifica filed its verified petition in this matter on December 11, 2023. Marina Pacifica filed the instant petition on Decemb...

Excerpt: ...f action. Defendants' motion to strike is denied. Defendants New Hope Imaging Services, LLC (“New Hope”) and Adam Avelardo Perez (“Perez”) (collectively, “New Hope”) demur to each cause of action in Plaintiff People of the State of California, ex rel. Allstate Insurance Company's (“Allstate”) (“Plaintiff” ) second amended complaint (“SAC”). (Notice of Demurrer, pgs. 1-2; C.C.P. §430.10(e).) Defendants also move to strike ...

Excerpt: ...C's request for monetary sanctions on the motion to compel responses for its Form Interrogatories – General (Set One) is granted in the reduced amount of $960.00 against Defendant Ultimate Host, LLC. Sanctions are payable within 20 days. Plaintiff 5554 Green Oak LLC's unopposed motion to compel Defendant Ultimate Host, LLC to provide responses to its Special Interrogatories (Set One) is granted. Defendant is to provide responses within 20 days....