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: ...�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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...posed for an order sealing portions of Exhibit 2 and Exhibit 5 to the Declaration of Joseph Aronsohn in Support of Defendants' Opposition (“Lodged Documents”). (Notice of Motion, pg. 2; CRC, Rules 2.550-2.551.) Plaintiff moves on the basis that (a) there exists an overriding interest that outweighs the right of public access; (b) the overriding interest supports sealing the documents described above; (c) a substantial probability exists that ...

Excerpt: ...ntiff's September 2022 subpoena within 15 days of this order. Plaintiff's motion for sanctions is denied. Plaintiff Right Brothers Management, LLC (“Right Brothers”) (“Plaintiff”) moves unopposed to compel third-party San Fernando Valley Patients' Cooperative (“SFVPC”) to comply with its September 2022 subpoena to produce documents. (Notice of Motion, pg. 2; C.C.P §2031.320.) Plaintiff also moves for monetary sanctions against SFVPC....

Excerpt: ...ey as to the 1st cause of action with 20 days leave to amend. Defendant's motion to strike is denied as moot. Defendant Guerra & Gutierrez Mortuary, Inc. (“G&G”) (“Defendant”) demurs to Plaintiffs Helen Kostic's (“Kostic”), Robert Zoric's (“Robert”), Ivan Butoral's (“Butoral”), Aleksandra Zorich Hunt's (“Aleksandra”), and Ashley Hunt's (“Ashley”) (collectively, “Plaintiffs”) 1st cause of action in their first amend...

Excerpt: ...t Staff Pro, Inc.'s motion in the alternative for summary adjudication of Issue Nos. 1, 2, and 3 is denied. Cross-Complainant/Defendant Staff Pro, Inc. (“Staff Pro”) (“Cross- Complainant”) moves for summary adjudication against Cross-Defendant BMW Nationwide Security, Inc. (“BMW”) (“Cross-Defendant”) on Cross- Complainant's first amended cross-complaint (“FACC”). (Notice of Motion, pg. 2; C.C.P. §437c.) In the alternative, Cr...

Excerpt: ...Slater (“Slater”) (collectively, “G&T Parties”) (collectively, “Plaintiffs”) request the Court confirm its February 21, 2023, Arbitration Award, rendered by the Arbitrators Daniel L. Germain, Roseanne Hubbard, and Ani Garibyan against Defendants Aliso Properties LLC (“Aliso Properties”) and James Joseph Corrigan (“Corrigan”) (collectively, “Aliso Parties”) (collectively, “Defendants”), and enter judgment according to i...

Excerpt: ...d demurrer to the complaint of Plaintiffs Supershuttle International, Inc. and Supershuttle Franchise, Corporation is sustained as to the 2nd cause of action without leave to amend. Defendant Arcadia Transit, Inc.'s unopposed motion to quash Plaintiffs' deposition subpoena for business records issued to East West Bank is granted. Defendant Arcadia Transit, Inc.'s request for attorneys' fees incurred in connection with its motion is granted in the...

Excerpt: ...CH Enterprises, LLC (“BCH”) and Brett Harrison (“Harrison”) (collectively, “Defendants”) in the amount of $43,672.00 as the prevailing party. (Notice of Motion, pgs. 1-2; Civ. Code §1717.) Background On June 7, 2022, Plaintiff moved for this Court to grant summary judgment against Defendants and included in their motion a request for reasonably attorneys' fees and costs. On February 9, 2023, this Court granted Plaintiff's motion for ...

Excerpt: ... Hope Imaging Services, LLC's and Adam Avelardo Perez's demurrer to the first amended complaint of Plaintiff Allstate Insurance Company is sustained as to the 1st and 2nd causes of action without leave to amend. Defendant George Mednik, M.D. (“Mednik”) (“Defendant”) demurs to the first amended complaint (“FAC”) of Plaintiff Allstate Insurance Company's (“Allstate”) (“Plaintiff”) 1st (violation of California Insurance Frauds Pr...

Excerpt: ...costs requested by Plaintiff James Sharlein (“Sharlein”) (“Plaintiff”) in his memorandum of costs. (Notice of Motion, pg. 2; CRC, Rule 3.1700.) Specifically, Defendant seeks to tax (1) Item 4, deposition costs, totaling $35,668.18 by $3,000.00 to $32,668.18, because the correct total of the depositions identified in Items 4a-d and Attachment 4e is $32,668.18; and (2) Item 12 (or Item 11 Memorandum of Costs Worksheet), models, enlargements...

Excerpt: ... of Motion, pgs. 1-2; C.C.P. §598.) Defendant moves to bifurcate trial on the grounds that the convenience of witnesses, the ends of justice, and the economy and efficiency of handling the litigation would be promoted by bifurcation in this case. (Notice of Motion, pg. 2.) Background On July 6, 2021, Plaintiff filed its initial complaint against Defendant. On February 23, 2023, Plaintiff filed its operative first amended complaint (“FAC”) al...

Excerpt: ...efault, for leave to defend the action, and for leave to file a proposed answer to Plaintiff's Complaint in this action is granted. Defendant Leonis Real Estate Holdings LLC's motion to vacate/set aside entry of default, for leave to defend the action, and for leave to file a proposed answer to Plaintiff's Complaint in this action is granted. Defendant Golden Holding Corp.'s motion to vacate/set aside entry of default, for leave to defend the act...

Excerpt: ...action without leave to amend. Defendants' motion to strike is denied as moot. Demurrer Defendants Hollywood North LP (“Hollywood”) and Yohann Bensimon DBA Ikon Advisors (“Ikon”) (collectively, “Defendants”) demur to the 4th (intentional infliction of emotional distress) and 5th (private nuisance) causes of action in the complaint (“Complaint”) of Plaintiff Anna Szimhart (“Szimhart”) (“Plaintiff”). Defendants demur on the ...

Excerpt: ...mend. Defendant's motion to strike is denied as moot. A. Demurrer Defendant American Honda Motor Co., Inc. (“AHM”) (“Defendant”) demurs to Plaintiffs Raymundo Flores Silva's (“Silva”) and Mercedes Casillas Pina (“Pina”) (collectively, “Plaintiffs”) 2nd (fraudulent inducement – concealment) cause of action in their first amended complaint (“FAC”). Defendant demurs on the grounds Plaintiffs failed to allege sufficient fact...

Excerpt: ... its person most qualified for deposition within 15 days. Claimants Jesse Rios (“Rios”) and Lydia Rodriguez (“Rodriguez”) (collectively, “Claimants”) move to compel Defendant Liberty Mutual Fire Insurance Company (“Staples”) (“Respondent”) to produce its person most qualified (“PMQ”) for appearance and testimony at their Second Noticed Deposition and to produce all responsive documents without objection. (Notice of Motion,...

Excerpt: ...laintiff') moves for an order granting relief from the Court's October 3, 2022 Ruling which deemed admitted Defendant Ventura Investment Company, LLC's ("Ventura") ("Defendant') Request for Admissions ("RFA"), Set One. (Notice of Motion, pg. 1; C.C.P. S 2033.300.) Plaintiff moves on the basis that Plaintiffs failure to respond to the RFAs was the result of former counsel's mistake, inadvertence, or excusable neglect (Notice of Motion, pg. 1; C.C....

Excerpt: ...Y') ("Plaintiff'), in pro per, in the amount ofS28,168.46 as the prevailing party on a motion to expunge lis pendens. (Notice of Motion, pg. 1; C.C.P. 5405.38; 1/11/23 Ruliny) Background On December 15, 2022, this Court, issued a ruling that pursuantto Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108, it would, sua sponte, reconsider its 10/31/22 ruling denymg Defendant's motion to expunge Plaintiffs Notice of Pendency of Action. (12/15/22 Ruling...

Excerpt: ...ainants R.O.A.R. Management Company, Inc., and Ari Resnik is granted. Moving Cross-Defendants may separately move for an award of attorneys' fees and costs. Joining Cross-Defendants Ismael Silva Jr. M.D.'s; Ismael Geli Silva's; James Aviles'; Starbase, Inc.'s; and American Financial Investment Services, Inc.'s joinder to Cross-Defendants' special motion to strike the first amended cross-complaint of Cross-Complainants R.O.A.R. Management Company,...

Excerpt: ...y, pending a judicial determination on Plaintiff Robert J. Kilpatrick, Jr.'s ("Kilpatrick") ("Plaintiff') Verified Petition for Writ of Mandate, LASC Case No. 22STCP01992. (Notice of Motion, pg. 1.) Defendant moves on the basis that this Court has the power to provide for the orderly conduct of proceedings. (Notice of Motion, pg. 1; CRC, Rule 3.515; C.C.P. Cottle v. Superior Court (1992) 3 CalApp.4th 1367, 1376-13770 CRC Violations CRC, Rule 3.11...

Excerpt: ...llum ("Gastellum"), Mano A. Cardenas ("Cardenas"), Global Investments Net•vvork LLC CGIN'), and Gabriel A. Albanez LLC ("GA-A") (collectively, "Defendants") move for leave to file an amended answer to the complaint of Plaintiff Ezequiel Sierra ("Sierra") ("Plaintiff'). (Notice of Motion, pgs. 1-2; C.C.P. 576.) CRC Violations CRC Rule 3.1324(a) provides: A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment...

Excerpt: ...moves for summary judgment or, in the alternative, for summary adjudication of Plamtiffs Rosalinda Garcia CRosalinda") and Juan Garcia's ("luan") (collectively, "Plaintiffs") complaint on the following grounds: (1) Plaintiffs' first cause of action for violation of Song-Beverly Act - breach of implied warran%,• because Plaintiffs cannot pursue breach of implied warranty claims against GM under Song-Beverly based upon a vehicle they bought "used...

Excerpt: ...oughi is overruled as to the 1st, 3rd, 8th, and 10th causes of action, and sustained as to the 6th and 9th causes of action with 20 days leave to amend. Defendants' motion to strike is denied as moot. Defendants Hastee Payman ("Payman"), Rad Khodam ("Khodam"), 2362 West•vvood Blvd., LLC ("West-wood"), and Hastee Payman and Rad Khodam, as Trustees of the Faith Hope Justice 2012 Family Trust CTrust') (collectively, "Defendants") demur to Plaintif...