Excerpt: ...m. The Complaint seeks only declaratory relief about attorney liens in two other cases. On October 31, 2023, Defendants filed a 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 14...

Excerpt: ...ies LLC to the second amended complaint (“SAC”). On September 5, 2023, Plaintiffs Sok Hun Yun and Sun Yung Ahn filed a third amended complaint (“TAC”). On October 3, 2023, Defendants filed a demurrer to the second, third, and fourth causes of action. Plaintiffs did not file an opposition. 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 demur...

Excerpt: ...ction against Y&Y New Hampshire Inc. (“Y&Y”) and I Park Inc. (“I Park”) for violations of building standards. The complaint alleges that Y&Y was the developer responsible for the construction and sale of the property, and I Park was a builder. On April 12, 2022, I Park filed a cross-complaint against Y&Y, alleging (1) implied contractual indemnity; (2) equitable indemnity; (3) express indemnity; (4) breach of express and implied warrantie...

Excerpt: ...ainst Defendant Barrington Pacific LLC for violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”). This action was later related and consolidated with Case Nos. 20STCV43014, 20STCV43044, 20STCV45444, 20STCV45446, 20STCV45447, 20STCV45449, 20STCV45453, 20STCV45456, 20STCV45457, 20STCV45497, 20STCV45499, 20STCV45500, 20STCV45506, 20STCV45507, 20STCV45511, 20STCV45513, 20STCV45514, 20STCV45542, 20STCV45554, 20STCV45561, 20STCV4...

Excerpt: ...ng Freight LLC and Grace Hsiao Hui. The motion primarily relied on Defendants' deemed admissions. On March 30, 2023, Defendants filed a motion to withdraw their deemed admissions. On July 27, 2023, the Court denied Plaintiff's motion and granted Defendants' motion “without prejudice to any noticed motion the Plaintiff may bring to make payment of attorney fees and costs to the Plaintiff – by one or both of the Defendants (or the estate of the...

Excerpt: ...rmerly known as California Home Finance Authority) and others. On March 7, 2023, Defendant filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”). REQUEST FOR JUDICIAL NOTICE The request for judicial notice of Exhibits A-D is denied as irrelevant. The request for judicial notice of Exhibits E-I is also denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center ...

Excerpt: ...inst Defendants Hyph (USA) Inc., 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. EVIDENTIARY OBJECTIONS Plaintiff's Objection Nos. 1-2, 4-7, 10-13: Overruled. Plaintiff's Objection No. 3: Su...

Excerpt: ...modal Logistics, Inc. and RoadOne LogisticSolutions, Inc. On September 20, 2023, Defendants filed a motion to dismiss pursuant to a contractual forum selection clause. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the parties' contract is granted. The Complaint references the parties' contract, so it is an appropriate matter for judicial notice. (See Align Technology, Inc. v. Tran (2009) 179 Cal.App.4th 949, 956, fn. 6.) ...

Excerpt: ..., and John Swain, alleging (1) wrongful termination in violation of public policy (Star); (2) discrimination, harassment, and retaliation in violation of the Fair Employment and Housing Act (“FEHA”) (Star); (3) harassment in violation of FEHA (Inman and Swain); (4) meal and rest break violations (Star); (5) whistleblower retaliation (Star); (6) failure to provide accurate wage statements (Star); (7) intentional infliction of emotional distres...

Excerpt: ...st Defendant City of Palmdale. The judgment consists of $ $450,000.00 “made payable jointly to BEHEN and BEHEN's legal counsel, for non-wage based damages and attorneys' fees, with interest thereon at the legal rate from the date of judgment until paid”; $150,161.00 “made payable to BEHEN with interest thereon at the legal rate from the date of judgment until paid”; and $95,000.00 “made payable to BEHEN as a severance payment of salary ...

Excerpt: ...fendant State National Insurance Company, Inc. and others. On March 30, 2023, Defendant filed a demurrer to the eighth cause 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 v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401...

Excerpt: ...alleges (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; (3) failure to participate in the interactive process; (4) failure to provide a reasonable accommodation; (5) failure to prevent discrimination and harassment; and (6) failure to provide employment records. On June 2, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudi...

Excerpt: ..., Kamyar D. Shabani, Mercury Bowl LLC, Green Rivera LLC, and Optimus Properties LLC. The complaint alleged breach of contract by Aguila and tortious interference of contract by the other defendants. On May 24, 2021, RDS dismissed Joseph Shabani, Kamyar D. Shabani, Mercury Bowl LLC, Green Rivera LLC, and Optimus Properties LLC with prejudice. On September 23, 2021, Aguila filed a cross-complaint against Joseph Shabani, Kamyar D. Shabani, Mercury B...

Excerpt: ...melia M.D. On March 29, 2023, Defendant served a deposition subpoena for business records on Los Angeles County DPSS-IHSS. On April 28, 2023, Plaintiff filed a motion to quash the subpoena. Plaintiff argues that Defendant does not have the right to her entire medical history and records. “‘[F]or discovery purposes, information is relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settle...

Excerpt: ...ty Plumbing Inc., Marco Marquez, and Maria Carmen Marquez. Marco Marquez and Infinity Plumbing Inc. later filed a cross-complaint against KLS Financial LLC, Kim Shapiro, and Green Court Investors LP. Green Court Investors LP also filed a cross-complaint against Marco Marquez, Infinity Plumbing Inc., and Maria Carmen Marquez. On October 12, 2022, Hajoca Corporation filed Case No. 22STLC06776 against Infinity Plumbing Inc., Marco Marquez, Maria Car...

Excerpt: ...eles and UNITE HERE Local 11 (“Union”), alleging (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) declaratory relief; (4) interference with contract; and (5) interference with prospective economic advantage. On August 11, 2023, the Union filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”), seeking to strike the fourth and fifth causes of action (the only...

Excerpt: ...ermelia M.D. On March 29, 2023, Defendant served similar deposition subpoenas for business records on Eiriny T. Eskander M.D., Marshall Grossman M.D., and Cedars-Sinai Medical Center. On April 28, 2023, Plaintiff filed motions to quash those subpoenas. Plaintiff argues that Defendant does not have the right to her entire medical history and records. “‘[F]or discovery purposes, information is relevant if it might reasonably assist a party in e...

Excerpt: ... to Request for Inspection. A party may demand to inspect, copy, test, or sample electronically stored information in the possession, custody, or control of the party on whom demand is made. (Code Civ. Proc., § 2031.010, subd. (d).) Upon receipt of a response, the demanding party may move to compel a further response if a statement of compliance with the demand is incomplete; a representation of inability to comply is inadequate, incomplete, or ...

Excerpt: ...AC”) against Defendants An Feng aka Andrew Feng, Capriwell Construction Inc., Capriwell Development and Construction, Michelle Jones, and Graff Real Estate dba Ashby & Graff Real Estate. On March 14, 2023, Cross-Complainants Michelle Jones and Graff Real Estate dba Ashby & Graff Real Estate filed a Cross-Complaint against Cross-Defendant Philippe Til aka Philippe Til Tomaszewski, seeking comparative equitable indemnity, contribution, and declar...

Excerpt: ...C and J.K. Residential Services Inc. On April 7, 2023, Defendants filed a motion to strike. The 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 move t...

Excerpt: ...intiff served Request for Production, Set One on Defendant. (Naudi Decl. ¶ 2.) After receiving several extensions of time, on April 14, 2023, Defendant served responses. (Naudi Decl. ¶ 3.) Plaintiff unsuccessfully attempted to meet and confer with Defendant, so Plaintiff filed a motion to compel on May 30, 2023. (Naudi Decl. ¶ 4.) Defendant did not oppose the motion and did not appear at the August 31, 2023 hearing. The Court ordered Plaintiff...

Excerpt: ...l Services, Inc.; PHH Mortgage Corporation, individually and as successor by merger to Ocwen Loan Servicing, LLC (erroneously sued as PHH Mortgage Services and Ocwen Loan Services, LLC); and Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-FR1 (erroneously sued as Deutsche Bank National Trust Company, Deutsche Bank National Trust Company, as Trustee for ...

Excerpt: ...ended complaint (“FAC”) and a second amended complaint (“SAC”). On June 27, 2023, Plaintiff filed an Amendment to Complaint (Fictitious/Incorrect Name), naming Sal Fateen as Doe 1. On July 27, 2023, Fateen filed a motion to quash service of summons and complaint. A. Plaintiff Properly Named Fateen Under Section 474. Code of Civil Procedure section 474 permits a plaintiff who is ignorant of the name of a defendant to name a Doe in a compla...

Excerpt: ..., Velinda Valentin, Scott Brady, James Cavanagh, Antonio Herrera, Justin Bright, Alejandra Montano, Luis Quintana, Saxon Butcher, Alexander Boucher, Aaron Alaniz, Carlos Romero, Marcos Montano, Justin Willis, Gabriel Venegas, Aaron Castillo, Steve Santos, Meghan Caldwell, Keyshia Littleton, Trenton Lee Earnhardt, and OM Jaggi filed this action against Defendant T-Mobile USA Inc. On April 5, 2023, Defendant filed a motion to quash service of summo...

Excerpt: ...f Limited Scope Representation to represent Behnam Rafalian at the August 24, 2023 hearing on Judgment Creditor's Motion to Amend Judgment to Add Buy Rite Electric, LLC as an Additional Judgment Debtor. On August 29, 2023, Judgment Creditor Michael L. Magasinn filed an Application and Order for Appearance and Examination for Brian L. Davidoff or the PMK at Greenberg Glusker. On September 27, 2023, Greenberg Glusker filed a motion for protective o...