Excerpt: ... the bench trial by the parties filing the declarations of their respective witnesses, in lieu of direct examination, pursuant to stipulation. On April 8, 2024, Defendants filed an ex parte application for an order shortening time for hearing the above -referenced motion prior to the cross -examination portion of the trial scheduled to begin on April 15, 2024. CAG filed opposition. On April 9, 2024, after hearing oral argument, the Court grant ed...

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...

Excerpt: ...ases Hearing Date: September 28, 2023, 8:30 a.m. INTRODUCTION AND RELEVANT HISTORY On November 12, 2015, a Utah court, by Judge James Gardener, issued a one-hundred-and-ten- page statement of decision in a case involving the parties herein concerning mismanagement by Thomas Williamson (“Thomas”) [1] of various entities and real property owned by the estate of George B. Williamson and Ruth Williamson and his replacement by Anne Farrell and Dav...

Excerpt: ...seph Eliafan (“Joseph”) against respondent Marvita Floranza (“Floranza”). The Court found in favor of Joseph on the cause of action for “financial abuse” of an “elder,” Houshang Eliafan (“Houshang”), in part, finding Joseph should recover $603,017.11 (representing what Floranza wrongfully took after the sale of the property, which amount was doubled pursuant to Welfare & Institutions (“W & I”) Code sec. 15610.30(a)), but d...

Excerpt: ... is pending in a manner that will allow a final adjudication of all issues. Moving parties' request for dismissal of the civil case does not properly address the failure of Jazmyn Bown (“Jazmyn”) to plead the relevant provisions of the Probate Code. [1] The answer lies in the parties' responding to this Court's issuance of an OSC why co- trustees Timothy Moore (“Timothy”) and Vanessa Campbell (“Vanessa”), should not be ordered to file...

Excerpt: ...oncerns whether it is crucial for Moving Parties, Caroline Cheng and Diana Cheng, to take the deposition of opposing counsel, Robert Schachter, related to phone calls he and his client, Bernice Cheng, had with TD Ameritrade (“TD”) in May 2020 concerning whether TD could permissibly distribute the funds it held to co-trustees of Family Trust Sub-Trust B, sisters Diana, Caroline, Arlene and Bernice, each of whom is also a 25% beneficiary. [1] M...

Excerpt: ...”) [1] , conservator of his wife Mimi Scofield Frengs (“Mimi”), contends that Kenneth F. Jenkins (“Jenkins”), a private professional fiduciary (“PPF”) designated as a successor trustee by Mimi, on advice of her attorney Dennis Healey (“Healey”) (who also represented Jenkins), should not be able to fill the vacancy in the office of trustee due to Philip having a pending claim against Healey's estate (given Healey's passing) - rel...

Excerpt: ...against Former Trustees arising from Tower Grove BACKGROUND On April 17, 2023, the parties filed their joint report for a trial setting conference as to the attorney's fees phase of the trial the Court has been conducting on the surcharge claims of Beneficiary Alexander Hughes (“Beneficiary”) against Former Trustees Christopher Pair, Susan Bruin, as Special Administrator for the Estate of Conrad Klein, and James Reynolds, as Special Administr...

Excerpt: ...t of Appeal reversed an order of Judge Michael Small, to whom this case was previously assigned, for petitioners and Appellants Ming-Chao Huang, Mei Jung Lin and Sophia Huang (“Huang Family”) to respond to a second set of special interrogatories and pay monetary sanctions to respondent Michael Velcherean (“MV”). The Court of Appeal found that the underlying motions to compel were untimely and awarded Huang Family its “costs” on appeal...

Excerpt: ...e in advance of the bifurcated bench trial on the accounting issues now scheduled to commence on July 31, 2023. The jury trial on the remaining issues will be scheduled after the Court renders its final statement of decision on the accounting issues. ODS' MOTION IN LIMINE No. 8: This motion concerns a request to exclude testimony of Larry Berliner related to his opinions as an information technology expert that (1) ODS made the discovery process ...

Excerpt: ...ministration to hold all privileges (including but not limited to the attorney-client privilege and Constitutional right of privacy), to which his father, Norman P. Rotenberg (“Decedent”) is entitled to assert under California law with respect to the deposition subpoena and the taking of deposition of Jeffrey Marvan (who was attorney for Decedent, before his passing, in related Case No. 16STPB04520) in the related pending case, Case No. 19STP...

Excerpt: ...al. On April 25, 2023, after considerable argument and a hearing, the Court filed a Final Statement of Decision (“FSOD”). On May 5, 2023, Former Trustees filed a motion for reconsideration or clarification of the FSOD. On May 17, 2023, the Court denied the ex parte application of Beneficiary to strike the motion for reconsideration. On May 24, 2023, Beneficiary filed Opposition to the motion. On May 31, 2023, Former Trustees filed a Reply Bri...

Excerpt: ...nt on grounds that the plaintiff is a "Specially Designated National" ("SDN") that is prohibited or 'Yocked" by the April 15, 2021 Executive Order 14024 of President Biden from receivmg any provision of funds and or engaging in any actions that would constitute a prohibited transfer. (31 C.F.R secs. 587.301, 587.312) Instead, the Court issued a stay of this case to give Plaintiff an opportunity, if it wished, to apply for a "specific license" fro...

Excerpt: ...2018, this Coun by Judge Daniel Juarez: filed an order granting an application of Anne Farrell, Katherine Black Garcia, Christopher Black: Henry Black Laura Black and David Farrell ("Petitioners") for order appointing receiver and for preliminary injunction. That order states in relevant part: 'Thomas Williamson ["Respondent"] is hereby preliminarily enjoined, restrained and enjoined from transferring, removing, or otherwise using, encumbering, o...

Excerpt: ...Court issued its tentative ruling (which after the hearing was filed for the record). On April 13, 2023, the Court heard oral argument on the motion. The Court agreed to continue the motion to allow the parties to brief fill-ther two issues: first, as discussed in the tentative ruling, what Judge Small intended by way of the Admitted Matters Order ("AMO") and to clariö• a point that movants contended was mistaken in this regard in the tentativ...

Excerpt: ... long cause trial. On March 16, 2023, the Court set this case to start trial on July 24, 2023. The Court also set the hearing on the above-referenced motions — each seeking Evidence Code see. 402 hearings - for May 3, 2023 and the balance of the motions in limine ("N'IIL") for hearing on June 28, 2023. In preparation for the May 3 hearing, the Court reviewed the parties' trial briefs, as well as each of the three motions, and the opposition to ...

Excerpt: ...ion Services ("General Contractor"), U.S. Fire Protection, Inc. ("Sub-Contraetor") and DOES arising from an accident where Plaintiff alleges a head injury from debris falling on her when she was entering her dentist's office at the mall where construction work was ongoing. On August 22, 2019, Plaintiffnamed Doe 1 as WBCMT 2007-C31 Nordhoff Street Limited Partnership ("Owner"). On September 19 , 2019 , General Contractor filed a cross-complaint fo...

Excerpt: ...e 23, 2022,1 Michael Velcherean ("MV") filed this motion for summary adjudication as to certain grounds asserted by Ming-Chao Huang ("MCH") and Mei Jung Lin ("MJL'), through her guardian ad litem Jackson Chen ("Parents") in their First Amended Will Contest and Objection to MV s petition to admit a will of the decedent Amy Huang ("Am", dated August 10, 2018 ("the Will") (Ex. 1 to MV Declaration).2 On April 21, 2023, Parents filed their Opposition ...

Excerpt: ...use trial. On March 16, 2023, the Court set this case to start trial on July 24, 2023. The Court also set the hearing on the above-referenced motions - each seeking Evidence Code sec. 402 hearmgs - for May 3, 2023 and the balance of the motions in limine ("MIL") for hearing on June 28, 2023. In preparation for the May 3 hearing, the Court has reviewed the parties' trial briefs, as well as each of the three motions, and the opposition to and reply...

Excerpt: ...H”), Mei Jung Lin (“MJL”), Sophia Huang (“SH”) and Yu Ching Huang (“YCH”) (collectively “Movants”) filed a motion for summary judgment, or in the alternative, for summary adjudication. The motion seeks to summarily adjudicate the following three issues: 1. Petitioners are entitled to a judgment in their favor on the Probate Code (“PC”) sec. 850 petition filed by Michael Velcherean (“MV”) on September 26, 2022 as to the $...

Excerpt: ...ants as to all causes of action except the eleventh cause of action in the second amended complaint. As noted therein, “t]he parties…have not focused on the eleventh cause of action for retaliation and whether that is one in tort or under 42 USC sec. 1983. Though para. 182 of the second amended complaint requests relief under 42 USC sec. 1983, para. 180 alleges the wrongdoing in question: “retaliating against plaintiffs for blowing the whis...

Excerpt: ...ACKGROUND On February 24 2023, the Court entered an order denying, without prejudice, an earlier motion of Michael Velcherean ("Respondent") to terminate discovery reference on the basis that the limited evidence provided as to the financial ability of Respondent to pay for the discovery referee was without foundation. On March 2, 2023, the Court entered an order continuing, for the reasons stated therein, the motion of the Huang Family Members (...

Excerpt: ...t contradicts matters admitted in response to certam requests for admission. On May 4, 2022, defendants Ci5r of Compton ("City") and Victor Orozco ("Orozco") filed a MIL to exclude testimony and opinion evidence from Michael W. Lau and Christopher Grew as Plaintiffs' retained experts. On January 20, 2022, City and Orozco filed MIL No. 1 to preclude evidence of Orozco's unrelated job performance and qualifications. On January 20, 2022, City and Or...

Excerpt: ...�City”) filed the above-referenced motion for its Mayor Emma Sharif. On February 6, 2023, City filed substantially identical motions pertaining to other of its elected officials: Treasurer Brandon Mims, and current or former members of its City Council, Jonathan Bowers, Isaac Galvan and Andre Spicer. On February 22, 2023, Plaintiffs filed a trial brief in support of their earlier ex parte application for an order requiring certain witnesses app...

Excerpt: ...ported by a Declaration of Robert N. Sacks, Respondent's then attorney. Mr. Sacks asserts in para. 3 that having to produce documents would invade his client's right to privacy and would be highly prejudicial. No declaration was filed by Respondent himself. On October 21, 2019, Petitioners filed opposition to the ex parte application on the basis that there was no exigency to decide the request ex parte, noting there were innumerable problems wit...

Excerpt: ...ll) issued an order making a reference to a referee (Hon. James A Steele (Ret.)) for hearing discovery issues in both the related cases. On August 29, 2022, the Court (again by Judge Small) issued a further order clarifying that the reference was a special reference (requiring that the Court review the referee's recommendations and any objections to it) and for the parties to each pay one half of the referee's fees. On January 9, 2023, Judge Smal...