Excerpt: ...ult and default judgment. Defendant's answer was filed the same day. No further action is reflected on this case's docket. On March 5, 2024, Plaintiff Adel Tanious filed a motion to set the case for trial for a date before August 1, 2024. According to Plaintiff, because he filed this action on August 1, 2019, trial must be set before August 1, 2024 to avoid dismissal. (Motion at p. 4; see Code Civ. Proc., § 583.310.) Defendant argues that “Pla...

Excerpt: ...Lands Nathanson for various items in Request For Production, Set One and Request For Production, Set Two. A. Defendant Must Pay One Additional Filing Fee. Defendant's single motion seeks to compel production pursuant to two different sets of RFPs. Each category of discovery should have been filed as a separate motion, with separate filing fees and hearing reservations. Despite being scheduled as only one motion and one hearing, the total substanc...

Excerpt: ...f's purchase of an allegedly defective vehicle. On December 4, 2023, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the first, second, and third causes of action. A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte...

Excerpt: ...onal injury action. Plaintiff later identified Defendant Doe 1 as Jamison Services Inc. (“Jamison Services”), Doe 2 as Central Plaza LLC (“Central Plaza”), and Doe 3 as Jamison Realty Advisors LLC (“JRA”). On July 24, 2023, JRA filed a motion for summary judgment, or in the alternative, summary adjudication. On November 30, 2023, Jamison Services and Central Plaza filed a motion for summary judgment, or in the alternative, summary adj...

Excerpt: .... The Court entered judgment on May 8, 2023. On July 7, 2023, Defendant filed a motion for attorney fees. Defendant seeks $184,251.00 in attorney fees. A. The Motion is Not Premature. Plaintiff argues that the motion is premature because an appeal is pending. (Opposition at pp. 4- 5.) However, “the filing of a notice of appeal does not deprive the trial court of jurisdiction to award attorney fees as costs post trial. Although a prevailing part...

Excerpt: ...Living Berryman Avenue LLC, and others. On January 11, 2024, Family Living Vineyard Avenue LLC, Family Living Avenue 53 LLC, and Family Living Berryman Avenue LLC (collectively, “Cross -Complainants”) filed a first amended cross -complaint (“FACC”) against Lindon Shiao, Cohaus LLC, Young Min Chun, and Sung Ki Min (collectively, “Cross -Defendants”). On February 9, 2024, Cross -Defendants filed a demurrer. REQUEST FOR JUDICIAL NOTICE C...

Excerpt: ...f Noemi Ceja for Form Interrogatories and Special Interrogatories (Reservation ID 042773476684); (2) a motion to compel further response s from Plaintiff Carlos Figueroa for Form Interrogatories and Special Interrogatories (Reservation ID 678564236875); and (3) a motion to compel further responses from Plaintiff Dominique Santana for Form Interrogatories and Special Interrogatories (Reservation ID 994477943824). Each motion also requests sanction...

Excerpt: ...opez. On February 14, 2024, Plaintiff filed a motion for summary judgment, or in the alternative, summary adjudication. Defendants did not file any oppositions. REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice of Debtor's Motion for Voluntary Dismissal of Chapter 13 Case filed in the United States Bankruptcy Court for the Central District of California – Riverside Division, In Re Yoel Lopez and Lucia Yaneisis Ruizaday, Debtor...

Excerpt: ...ATIVE] ORDER DENYING WITH PREJUDICE MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTIONS Dept. 48 8:30 a.m. May 7, 2024 On June 1, 2023, Plaintiff Dylan Scott Perry (“Plaintiff” or “Perry”) filed this action against Defendant Walt Disney Company dba Twentieth Century Studios (“Defendant” or “Disney”), relating to alleged death threats through their show “American Dad!”, stalki ng, and breaking into his phone a...

Excerpt: ...23 Dept. 48 8:30 a.m. May 7, 2024 On May 22, 2023, Plaintiff Dylan Scott Perry (“Plaintiff”) filed a Complaint against Defendant Walt Disney Company (“Defendant”). On June 1, 2023, Plaintiff filed a First Amended Complaint titled as “Petition for Threats made by The Walt Disney Company.” The Complaint alleges that The Walt Disney Company used its show “American Dad!” to threaten to murder him, his father, and his girlfriend. On Ju...

Excerpt: ...nt Walt Disney Company dba Twentieth Century Studios (“Disney”), alleging a violation of his Civil Rights, as outlined in the Declaration of Independence, including his ri ght to Liberty and the Pursuit of Happiness. On September 8, 2023, Defendant Disney filed a demurrer. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, court...

Excerpt: ...nesthesia deposed Raymond Ghermezian, the principal of Defendant Raymond Ghermezian APLC. On December 29, 2023, Defendant filed a motion for protective order. Defendant seeks an order that Plaintiff retain and pay for a discovery referee at any future depositions. On January 17, 2024, Plaintiff filed a motion to compel further answers and production of documents. Plaintiff seeks an order for the further deposition of Raymond Ghermezian and for a ...

Excerpt: ...ateen. On February 13, 2024, the Court granted Plaintiff's motion for leave to file an amended complaint that would cure the defects in identifying the causes of action on the caption page. On February 14, 2024, Defendants filed a motion for summary adjudication. On February 20, 2024, Plaintiff filed a fourth amended complaint (“4AC”). CAUSES OF ACTION The TAC's caption page—and Defendants' motion—identify the causes of action as (1) disa...

Excerpt: ...ed default against Defendant on June 7, 2022. On July 29, 2022 and April 11, 2023 the Court denied Plaintiff's requests for entry of default judgment without prejudice. The April 11, 2023 Order also stated: “If the Plaintiff is unable to obtain a Default Judgment, the Court may Dismiss the action. (See Code of Civil Procedure §§583.410, 583.420, subd.[a][2][B]; California Rules of Court, Rule 3.1340[a].)” On September 19, 2023, the Court ag...

Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...

Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...

Excerpt: ...of the Christine O'Donovan Trust, and Frank McHugh- O'Donovan Foundation Inc. On November 6, 2023, Frank McHugh-O'Donovan Foundation Inc. (“Defendant”) filed a demurrer. Plaintiffs did not file a timely opposition. At the February 26, 2024 hearing, the Court continued the hearing. Later, Plaintiffs filed an opposition. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of (1) a July 16, 2008 grant deed conveying the ...

Excerpt: ...rom childhood sexual abuse. On August 17, 2023, Defendant filed a demurrer and a motion to strike. DEMURRER The parties' requests for judicial notice of trial court orders in other cases are denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [“a written trial court ruling has no precedential value”].) A demurrer for sufficiency tests whether the complaint s...

Excerpt: ...rom childhood sexual abuse. On August 25, 2023, Defendant filed a demurrer and a motion to strike. DEMURRER The parties' requests for judicial notice of trial court orders in other cases are denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [“a written trial court ruling has no precedential value”].) A demurrer for sufficiency tests whether the complaint s...

Excerpt: ...deh's motion for terminating sanctions and entered default against Defendant Schuster Land Corp. The Court found willful discovery abuse when prior evidentiary and monetary sanctions were ineffective, and Defendant did not submit any pretrial documents for the Final Status Conference. On March 12, 2024, Defendant filed a motion to set aside/vacate default with a motion to seal. On March 15, 2024, Plaintiff filed a request for entry of default jud...

Excerpt: ...istian Arturo Llamas. On March 25, 2024, Plaintiff filed a motion for protective order for the depositions of Plaintiff's principals (Jessica Llamas and Claudia Llamas) and the production of documents at the depositions. Upon a showing of good cause, the Court may issue a protective order to protect a party or deponent from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., § 2025.420, subd. (b).) Th...

Excerpt: ...on and against Defendant Verb Technology Company, Inc. On February 23, 2024, Plaintiff filed a Motion for Extension of Time to File Attorney Fee Motion and Cost Memorandum. Plaintiff seeks relief under Code of Civil Procedure section 473, subdivision (b) and the Rules of Court. A memorandum of costs must be filed on or before the earliest of (A) 15 days after a written Notice of Entry of Judgment, or (B) or within 180 days after entry of judgment...

Excerpt: ...erties Inc. and Cassandra Chase, and on August 3, 2023, it filed a first amended complaint (“FAC”). On November 13, 2023, Defendants filed a demurrer, and on November 15, 2023, they filed a motion to strike. REQUEST FOR JUDICIAL NOTICE Defendants ask the Court to take judicial notice of the records of 2633 Manning Cheviot Hills LLC v. Cassandra Chase and Chase N' Properties Inc. (Case No. 19LBSC03130). The request is granted. Plaintiff asks t...

Excerpt: ...C filed this action (Case No. 22STCV28077) against Green Court Investors LP, Infinity Plumbing Inc., Marco Marquez, and Maria Carmen Marquez. On July 20, 2023, Infinity Plumbing Inc. and Marco Marquez filed a first amended cross - complaint (“FACC”) against Green Court Investors LP, KLS Financial LLC, and Kim Shapiro. On August 2, 2023, Green Court Investors LP, KLS Financial LLC, and Kim Shapiro filed a demurrer and motion to strike Infinity...

Excerpt: ...tion against Defendant BMW of North America LLC, and on September 25, 2023, he filed a first amended complaint. Plaintiff propounded discovery on November 20, 2023. (Pascal Decl. ¶ 3.) Defendant did not timely respond by December 20, 2023. (Pascal Decl. ¶ 4.) Plaintiff's counsel met and conferred with Defendant's counsel, but Defendant never provided responses. (Pascal Decl. ¶¶ 5- 9.) On January 29, 2024, Plaintiff filed a motion to compel De...

Excerpt: ...ges breach of lease and account stated. On November 30, 2023, Defendant filed a demurrer. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars -Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) “Because a demurrer chall...

Excerpt: ...o, Erick Carrasco, and others. Saroyan dismissed the Carrascos on December 19, 2023. On December 26, 2023, the Carrascos each filed a memorandum of costs, each requesting $2,051.64 in costs. On January 12, 2024, Saroyan filed motions to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasona...

Excerpt: ... reached a settlement in this Song -Beverly action. On February 26, 2024, Plaintiffs filed a motion for attorney fees. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney fees and expenses. (Civ. Code § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins with t...

Excerpt: ...haun Sharabi, Trace Rucarean, Patrick Butler, Michael Cavaleri, and Jeremy Nicholson. This case was later related to fifteen other cases: 24STCV02767, 24STCV02782, 24STCV02797, 24STCV02805, 24STCV02933, 24STCV02935, 24STCV02936, 24STCV02937, 24STCV02942, 24STCV02950, 24STCV02955, 24STCV02961, 24STCV02968, 24STCV03051, and 24STCV03097. On March 29, 2024, Defendants filed a motion to consolidate. PROCEDURAL ISSUES A Notice of Motion containing a li...

Excerpt: ...n against Defendants Cole Matthew Harris and Ying Chen. The Complaint alleges (1) fraud, (2) aiding and abetting fraud, (3) breach of fiduciary duty, (4) aiding and abetting breach of fiduciary duty, (5) civil conspiracy, and (6) unjust enrichment. On October 18, 2023, Harris (“Defendant”) filed an answer. On October 6, 2023, Defendant filed a motion for judgment on the pleadings. DISCUSSION A motion for judgment on the pleadings is the funct...

Excerpt: ...s severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. On February 26, 2024, Defendant Jamison Realty Advisors LLC filed a motion to compel Plaintiff's further responses to Requests for Admissions and Form Interrogatories (CRS #: 442576881556). Defendant filed a separate Joint Statement for each category of discovery. On February 27, 2024, Defendants Central Plaza LLC and Jamison Services Inc. filed a motion ...

Excerpt: ...he court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California , a court rule, or an order of the court. (Code Civ. Proc., § 436, subds. (a)-(b).) Defendants seek to strike portions of paragraphs 35, 43, 57, 69, and 79, which repeat the same allegations: �...

Excerpt: ...3) trespass, (4) private nuisance, and (5) injunctive relief. On February 20, 2024, Plaintiff filed a motion for preliminary injunction. The Court does not rule on Plaintiff's objections to Defendant's declaration because Plaintiff did not meet her burden, so the Court did not rely on Defendant's declaration. LEGAL STANDARD “Trial courts traditionally consider and weigh two factors in determining whether to issue a preliminary injunction. They ...

Excerpt: ..., and Mohammad A. Siddiqui for penalties under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendants will pay a Gross Settlement Amount of $39,000.00. Of that amount, one-third will be paid as attorney fees ($13,000.00), up to $1,491.00 will be paid as costs/expenses, and up to $3,150.00 will be paid to a settlement administrator. (Messrelian Decl., Ex. 1 [�...

Excerpt: ...sed on violations of Health & Safety Code section 25249.6 et seq. On July 3, 2023, Defendant filed a demurrer. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of several documents. Exhibit A (Complaint in this case): Denied as unnecessary because this document is already part of the case's record. Exhibit B (Final Statement of Reasons 27 CCR (formerly 22 CCR) Safe Drinking Water and Toxic Enforcement Act of 1986): Den...

Excerpt: ...lia MD. On November 30, 2023, Plaintiff filed a motion to compel further responses. According to Plaintiff, “As a matter of calendaring, this motion was original[ly] scheduled for December 28, 2023. Thereafter it was continued by court to February 13 2024. There was no notice that the motion will be heard or continued to March 19 2024.” (Reply at p. 1.) Not so. Plaintiff's motion originally noticed a March 19, 2024 hearing date. On December 2...

Excerpt: ...e of Taking Deposition of Defendant Downey Unified School District's Person Most Knowledgeable and Fact Witness Principal Tom Houts and Request for Production of Documents (“RFPs”) on Defendant Downe y Unified School District. (Baldermann Decl. ¶ 6 Ex. 5.) On January 8, 2024, Defendant served objections. (Baldermann Decl. ¶ 7 & Ex. 6.) After meeting and conferring, Plaintiff filed a motion to compel further responses RFP No. 4 on February 2...

Excerpt: ... and Angela Diaz. Trial is scheduled for April 22, 2024, bifurcated into two phases: Phase One for liability and Phase Two for punitive damages. On February 22, 2024, Plaintiff filed a motion to allow discovery of Defendants' financial conditions to support punitive damages. “An award of punitive damages hinges on three factors: the reprehensibility of the defendant's conduct; the reasonableness of the relationship between the award and the pla...

Excerpt: ...t Defendant on January 22, 2024. On January 26, 2024, Plaintiff filed this request for entry of default judgment. Plaintiff seeks a judgment of $20,264.00, consisting of $16,000.00 in damages, $3,750.00 in attorney fees, and $514.00 in costs. Counsel provides a declaration supporting the request for attorney fees. (Knowles Decl. ¶¶ 12 -13.) The amount of costs is also reasonable, and according to the memorandum of costs, they are allowable. “...

Excerpt: ...oshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc., JSB Holdings LLC, and James S. Bekhor. Plaintiffs dismissed and James S. Bekhor on October 20, 2021. On December 12, 2023, Plaintiff Joshua Sawicki filed a motion for summary adjudication of Defendants' contractual duties and the second cause of action for specific performance. [1] Sawicki seeks an order requiring Defendants to satisfy their contractual ob...

Excerpt: ...rystal Vartaniana, and Nark Vartanian filed this medical malpractice action against Defendants Sarah Badran M.D. and Children's Hospital Los A ngeles. On September 19, 2023, Plaintiffs substituted Children's Hospital Los Angeles Medical Group (“CHLAMG”) for Doe 1. On October 6, 2023, Plaintiffs dismissed Children's Hospital Los Angeles. On January 8, 2024, CHLAMG filed a motion to continue trial, and on January 9, 2024, CHLAMG filed a demurre...

Excerpt: ... action. The Complaint alleges that on November 8, 2019, Plaintiff was severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. On January 4, 2024, Plaintiff served a subpoena for the January 18, 2024 deposition of non-party Koen “Ken” Kim. (Compel Motion, Ex. 1.) On January 16, 2024, Kim filed a motion for protective order because participating in a deposition would be an undue burden at this time due to med...

Excerpt: ...Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. The SAC alleges (1) breach of fiduciary duty; (2) fraud; (3) violations of Corporations Code section 25401; and (4) declaratory relief. On April 28, 2023, Defendants filed a motion to dismiss or stay the action. At the November 21, 2023 hearing, the Court concluded that, based on the limited evidence, it was unclear whether the offer to sell securities...

Excerpt: ...dant Community Care Rehab Center LLC. On June 19, 2023, Defendant served its unverified and allegedly deficient responses to Form Interrogatories, Set One. After meeting and conferring, Plaintiff filed a motion to compel further responses on August 31, 2023. Plaintiff seeks further responses to Form Rog Nos. 12.1 and 17.1. Defendant's sole ground for opposition is that Plaintiff's motion is deficient because she did not file a memorandum of point...

Excerpt: ..., 2023, Defendant filed a motion to compel arbitration. EVIDENTIARY OBJECTIONS Defendant's y Objections to Declaration of Plaintiff Juan Carlos Barahona are overruled. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.) The burden then shifts to the plaintiff to prove the falsity of the agr...

Excerpt: ...d Leona Wai Fong Lam Wong dba Lams Jade Center, Inc.; Ming Chang dba Bonita Pearl, Inc.; Shahram Lavian and Sioun Lavian dba S&N Diamond; Sarkis Kegeyan dba Luvell, Inc.; Fariborz Frank Petri dba Petri Gems, Inc.; Amy Kit Tsing Leung dba Hawaiian Design Jewelry Company; Shung Man Simon Lam and Woon Mai Lam Quek dba El Dorado Jewelry, Inc.; Victor Wu and Anita Wu dba Pan Lovely Jewelry Company; Birol Arat dba Arat Jewelry; Tony Lee dba Lees Intern...

Excerpt: ...ncies Act (“ICRAA”), (2) invasion of privacy, and (3) declaratory relief. Plaintiffs later named Defendant TransUnion Rental Screening Solutions Inc. as Doe 1. On August 11, 2023, Defendant filed a demurrer and a motion to strike. Plaintiffs' request for judicial notice of two other complaints in different actions is denied as irrelevant. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda ...

Excerpt: ...M ARBITRATION AWARD AND DENYING MOTION TO COMPEL ARBITRATION AS MOOT Dept. 48 8:30 a.m. March 7, 2024 On November 2, 2023, Plaintiff Jay Import Company, Inc. filed this action against Defendants Pixior, LLC and Seko Worldwide, LLC. On November 6, 2023, the Court denied an ex parte application by Plaintiff to enforce an arbitrator's temporary order made pursuant to Plaintiff's request for emergency relief under JAMS Rule 2(C) on procedural grounds...

Excerpt: ...tion against Defendant General Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On November 2, 2023, Plaintiff served Defendant General Motors LLC with a Request for Production of Documents, Set One. (Yashar Decl. ¶ 4; Exhibit 1.) Plaintiff seeks information regarding Plaintiff's vehicle, recalls and technical service bulletins for the Subject Vehicle, and similar complaints from consumers of the same year, make, a...

Excerpt: ...ONETARY SANCTIONS Dept. 48 8:30 a.m. March 7, 2024 On March 20, 2023, Plaintiff Tracyne Restrepo, by and through her Successor of Interest Catalina Szetela filed this action against Defendants Sun Mar Management Services; Community Care Rehab Center, LLC; Irving Bauman; and DOES 1- 250, inclusive for (1) elder abuse pursuant to the elder abuse and dependent adult civil protection act – Welfare and Institutions Code §§ 15600, et seq ; and (2) ...