Excerpt: ...s in these related cases filed a joint motion to augment the Phase 1 record with extra -record evidence to support their preemption challenges to the County's Oil Well Ordinance.1 They argue that these claims present Constitutional challenges that are not confined to the legislative record, citing Western States Petroleum Ass'n. v. Superior Court (1995) 9 Cal.4th 559.2 As contrasted to a CEQA claim (Phase 2 of these cases), where there is deferen...

Excerpt: ...ies agreed the Court could decide on the papers submitted. The Court also issued in the same ruling an OSC why it should not dismiss the first amended complaint. On February 9, 2024, Yen Mach (“Yen”) filed a “Reply Positions and Statement regarding Court's January 30, 2024 ruling.” She raises three issues: First, No creditor's claim was needed to bring an action against the estate of Dennis Wong (“Dennis”) because of the waiver of the...

Excerpt: ...d its Tentative Statement of Decision after evidentiary hearing on the motion for discovery sanctions and or for adverse inference determination based upon spoliation of evidence. The Court granted the motion in part and denied it in part. In granting the motion, the Court stated in relevant part: “The Court finds that Contestants are also entitled to monetary sanctions against Respondent. Contestants are the prevailing party on this motion. Re...

Excerpt: ...e exclusively regulated by the FDA, not the states or private enforcers. In opposition, Defendants argue that the motion misstates their position: Instead, they are arguing that the Prop 65 warnings are compelled speech in violation of the First Amendment and that Prop 65 conflicts with federal law which preempts it. This motion was filed October 25, 2022. The opposition was filed November 3, 2022. On December 5, 2022, Judge Beaudet granted the m...

Excerpt: ..., the Court finds Bank meets its burden of proof under California Code of Civil Procedur e (“CCP”) sec. 437c(p)(1). Pursuant to that same CCP section, the burden is then switched to defendant Aleksandr defendant Aleksandr Blyumkin (“Blyumkin ”) to prove his affirmative defenses. The Court finds three of those affirmative defenses to be unsupported and without merit, and in particular, the claims that the Russian court lacked personal juri...

Excerpt: ...rust and co -conservators of Sarolta Nuszer, seek to exclude Respondents Sarolta's son, Jim Nuszer, and his wife Maria Jacobo, fr om offering any evidence at trial related to alleged bad acts of Sarolta's daughters, Cathy Abbasi or Sarah Mogel, Sarolta's alleged fear of Cathy or Sarah and Sarolta's decision to transfer real property interests to Jim. [1] Petitioners contend these transfers on September 10, 2018 – that are no longer in dispute -...

Excerpt: ...vides the necessary evidence under Code of Civil Procedure (“CCP”) sec. 484.090 supporting the four elements that must be proven to obtain a right to attach order under CCP sec. 483.010: 1. Bank's claim is contractual in nature. 2. The claim is for a readily ascertainable sum greater than $500. 3. Bank's claim is unsecured by real property. 4. Bank's claim arises out of conduct by defendant Blyumkin of a business, as opposed to “personal, f...

Excerpt: ...NTRODUCTION Respondent Fidelity National Title Insurance Company, as successor -in -interest to Lawyers Title Insurance Corporation (“Fidelity”) contends that no relief can be granted to Petitioner Shelia Mitchell (“Shelia”) based on the causes of action to which it is a party because those are barred by a three -year statute of limitation, as well as lack of any justiciable controversy. [1] Shelia argues in response that the four -year s...

Excerpt: ...h extension under the Rules of Court) for start of trial on the petition filed November 9, 2018 is May 9, 2024. Both parties announced they were ready for trial when this case was last heard by the previou sly assigned bench officer on December 13, 2023. Both parties again indicate in their papers on this motion that they are ready to start trial before May 9, 2024. This courtroom is available to start trial (based on the settlement of another ca...

Excerpt: ...otion reconsider an order of the previously assigned judge denying summary adjudication of certain causes of action in the first amended cross- complaint (“FACC”). That prior order appears to have relied on contentions that it now appears may be contrary to the evidence and rulings at a subsequent bifurcated bench trial of certain accounting issues. For the reasons stated below, the Court will hold a hearing on reconsideration of only those r...

Excerpt: ...NT OF FACTS On October 26, 2017, Virginia filed a complaint in this case against her sister Maricela and her husband Joe Diaz related to some $41,900 she allegedly gave them for safekeeping. [1] On December 13, 2017, Virginia filed a petition in the Matter of the Guzman Revocable Living Trust, Case no. 17STPB11102 (“the Probate case”), against Maricela, her brother Ernesto, Jr. and sister Martha for determination of the validity of that trust...

Excerpt: ...sed on alleged avoidable delay by plaintiff Consumer Advocacy Group (“CAG”). As set forth below, however, the Court has already rejected this claim. Judge Beaudet found she was not able to try this case. CAG had no control over this issue. This Court may not now reconsider that ruling merely because the Court was not able to specify exactly the length of time the statute would be tolled. Later developments also do not support reconsideration....

Excerpt: ...ontesting petitions of Michael Velcherean (“Respondent”) to admit various wills, seek to exclude documents they first saw when revealed for purposes of filing a joint exhibit list in December 2023. Trial is scheduled to start May 28, 2024. As discussed below, the Court does not find Contestants have shown either Respondent violated any discovery order, intentionally withheld documents or that they would be materia lly prejudiced to warrant an...

Excerpt: ..., as well as two oil industry associations, seek generally to challenge and set aside based on alleged violations of the California Environmental Quality Act (“CEQA”) a County ordinance enacted in January 2023 banning in unincorporated parts of the County of Los Angeles (“the County”) new oil wells and requiring existing wells to cease operations within 20 years (the “Ordinance”). Allegedly, the Ordinance may affect some fifteen hundr...

Excerpt: ...trol Board on August 16, 2016 (the “Decision”), and any argument related to the Decision, from the evidence to be presented at trial. As part of the Renewed Motion, Defendants have also asked the Court to consider the application of collateral estoppel to the Decision, a topic which was previously considered by the Court in 2021/2022 in view of a Motion in Limine filed by Plaintiffs. The Court has reviewed the Renewed Motion, filed January 5,...

Excerpt: ...laintiff's Motion in Limine No. 4: Re: Impeachment of Plaintiff's deposition testimony with record of auto claim Denied. Plaintiff's Motion in Limine No. 5: Re: Avoidable consequences rule not on point. No showing anything avoided by going to health insurance for medical assistance. Pebley v. Santa Clara Organics (2018) 22 Cal.App.5 th 1266 on point re: Plaintiff electing how treated. Granted. Plaintiff's Motion in Limine No. 10: Re: Dentist Jess...

Excerpt: ...ell as two oil industry associations, seek generally to challenge and set aside based on alleged violations of the California Environmental Quality Act (“CEQA”) a County ordinance enacted in January 2023 banning in unincorporated parts of the County of Los Angeles (“the County”) new oil wells and requiring existing wells to cease operations within 20 years (the “Ordinance”). Allegedly, the Ordinance may affect some fifteen hundred wel...

Excerpt: ...tractual indemnity (after having bifurcated the cross-complaints for contractual indemnity by order filed May 15, 2023.) The Court found that the indemnity provided in the agreement between Owner (“WBCMT”) and General Contractor (“Prime”) (for a construction project at the shopping center in Northridge) was a “general” indemnity clause…which would be construed to provide indemnity for a loss resulting in part from an indemnitee's �...

Excerpt: ...g-Chao Huang and Mei Jung Lin (“Contestants”) seek to exclude any evidence that controverts matters Michael Velcherean aka Remus Velcherean (“MV”) admitted in response to Contestants' First Set of Requests for Admission; specifically, RFA Nos. 23, 24, 29, 31, 32 ,41, 42, 59 and 83 in, as well as “deemed” admitted in response to RFA Nos. 95 through 114 in Contestants' Fourth Set of RFAs, pursuant to an order filed December 3, 2021 (“...

Excerpt: ...umkin (“Blyumkin”) to dismiss this case for recognition of a foreign judgment in favor of plaintiff Bank Otkritie Financial Corporation (“Bank”). The motion was based upon the claim that recognition of the judgment would be a prohibited transfer of “blocked property,” under President Biden's Executive Order No. 14024 of February 24, 2022 related to transactions involving “blocked persons” who or which have affiliations with Russia...

Excerpt: ...ffs seek to exclude improper character evidence, pursuant to Evidence Code sec. 1101, and matters protected by the Constitutional right of privacy. They point to the following potential concerns they believe Defendants will improperly seek to introduce to thereby taint the jury: drinking problems, drug use, unemployment, bankruptcy, collection of benefits, race, marital status, psychiatric treatment or sexual history. Plaintiffs believe that by s...

Excerpt: ...rean (“MV”), rests on the proposition that the decedent Amy Huang (“Amy”) committed suicide on October 18, 2018. However, the motion does not point to any coroner's report or other official document confirming suicide as the cause of death. [1] Indeed, the opposition of plaintiffs Ming-Chao Huang (“Father”) and Mei Jung Lin (“Mother”) (through her Guardian ad Litem Jackson Chen) (“Parents”) refers to Amy's death as an “appar...

Excerpt: ...neral Contractor by its superintendent John Anderson. Plaintiff indicates General Contractor has refused to produce this report on grounds of attorney client privilege and work-product but that the “dominant purpose” of the report was to advise the owner of what happened and therefore it was not privileged, citing D.I. Chadbourne v. Sup. Ct. (1964) 60 Cal.2d 723, 737. She also argues in any event that General Contractor has waived those privi...

Excerpt: ... 2023, 8:30 a.m. INTRODUCTION AND RELEVANT HISTORY In 2004, George B. Williamson (“George B.”) and Ruth Williamson (“Ruth”) formed six trusts, one for each of their six children, petitioners Anne Farrell (“Anne”) and Laura Black (“Laura”), respondents Thomas Williamson (“Thomas”) and Sue Shreve (“Sue”), as well as non-parties Patricia Brunner (“Patricia”) and George Williamson III (“George III”) (“the 101 Trusts�...

Excerpt: ...seeks to exclude any evidence related to whether the 2013 Settlement Agreement by and between, among other parties, Former Trustees and entities then under the control of Charles Dickens, including the debtor Tower Park Properties (“TPP”), in connection with the pending bankruptcy proceeding of that entity, was a “good deal.” Former Trustees contend that because the Settlement Agreement was a “good deal,” they could not have reasonabl...