Excerpt: ...d a demurrer to the first cause of action for quiet title, the only cause of action brought against him. At the original June 6, 2023 hearing on the motion, the Court granted Plaintiff leave to amend, continued the hearing on the demurrer, and allowed supplemental briefing. Plaintiff filed a first amended complaint (“FAC”) on September 15, 2023. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2...

Excerpt: ...ndants RK All Insurance Services, Rian Kang, and others. On April 3, 2023, Defendants filed a demurrer to the eighth cause of action, the only brought against them. 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 Cente...

Excerpt: ...On March 8, 2023, the Court entered default against Defendant. On March 15, 2023, Defendant filed an answer, and on July 6, 2023, Plaintiff moved to strike the answer. On August 23, 2023, Defendant filed a motion to set aside/vacate default. The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) The application for relief must be made wit...

Excerpt: ...ights Defense Council LLC's first amended complaint (“FAC”). On February 27, 2023, Plaintiff filed a second amended complaint (“SAC”). On March 27, 2023, Defendants Carlos A. Lainez and Guadalupe Lainez filed a demurrer to the SAC. 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...

Excerpt: ...- Newport Landing) for violation of the Jones Act. On May 15, 2023, Defendant filed a motion to transfer venue. At the original June 22, 2023 hearing, the Court continued the matter at Plaintiff's request to allow discovery and supplemental briefing on venue issues only regarding (1) the actual location of the Plaintiff's injury; (2) where the Plaintiff performed his work for the Defendant; (3) where do witnesses to the case reside and what would...

Excerpt: ...t General Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On December 9, 2022, Plaintiff served Request for Production of Documents on Defendant. (Yashar Decl. ¶ 4.) On January 24, 2023, Defendant served responses, which Plaintiff deemed insufficient. (Yashar Decl. ¶ 6.) After attempting to meet and confer (Yashar Decl. ¶¶ 7-10), Plaintiff filed a motion to compel further responses on March 10, 2023. E-FILING D...

Excerpt: ...e of action for civil penalties under the Private Attorneys General Act (“PAGA”) due to Defendant's violations of the Labor Code. On July 14, 2023, Defendant filed a motion to compel arbitration and stay the action. 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 ...

Excerpt: ...roductions Inc., and The Record Plant Inc. (“Moi Parties”). On November 29, 2021, the Moi Parties filed an answer and cross-complaint against the Philmar Parties. On January 18, 2022, the Philmar Parties filed an answer to the cross-complaint. On July 21, 2023, the Philmar Parties filed a motion for judgment on the pleadings. REQUESTS FOR JUDICIAL NOTICE The Philmar Parties' request for judicial notice of records from Case No. 18STCV08191 is ...

Excerpt: ...a LLC) filed a Petition to Compel Arbitration, Nominating and Appointing Arbitrator, and For Costs against Respondents FMB Development LLC (“FMB”), Ilan Kenig, Elim Management Inc. (“Elim”), and Joel Haggin, with 7760 Romaine LLC and 1159 Formosa LLC as Nominal Respondents. On July 21, 2023, Petitioner filed an amended petition. No oppositions were filed. REQUEST FOR JUDICIAL NOTICE Petitioner's request for judicial notice of grant deeds ...

Excerpt: ...plaint alleges (1) breach of oral agreement; (2) breach of implied-in-face contract; (3) promissory estoppel; (4) restitution (unjust enrichment); (5) conversion; (6) fraud; (7) promissory fraud; (8) quiet title; (9) intentional infliction of emotional distress (“IIED”); (10) false imprisonment; (11) assault and battery; (12) sexual battery; (13) negligence; (14) defamation per se; (15) defamation per quod; (16) trade libel; (17) declaratory ...

Excerpt: ...ew cause of action for violation of Penal Code section 496. At the original August 15, 2023 hearing on the motion, the Court continued the hearing and ordered Plaintiff's counsel to file a supplemental declaration further explaining why the proposed new cause of action could not be alleged earlier, including (1) the delay in reviewing the chain of title for the property; (2) why the information from the chain of title in fact gave rise to the fac...

Excerpt: ... later substituted Adriana Sahar LLC for Doe 1 and Adriana Sahar Meiri for Doe 3. On August 28, 2023, Plaintiff filed a motion for leave to file a first amended complaint. The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to...

Excerpt: ...ollins|Ford, LLP, William H. Ford III, Claudia J. Serviss, Michael D. Collins, Beitchman & Zekian, P.C., and David P. Beitchman. The SAC alleges (1) conversion, (2) intentional interference with contractual relationship, (3) intentional interference with prospective economic advantage, and (4) aiding and abetting fraudulent transfers. On June 30, 2023, Ford Serviss, LLP, Collins|Ford, LLP, William H. Ford III, Claudia J. Serviss, and Michael D. C...

Excerpt: ...ed three motions to compel Defendant Miguel Arteaga's further responses to discovery. On August 10, 2023, the Court continued the hearings on the motions and ordered the parties to meet and confer and file the required joint statements. E-FILING ISSUES Under the Court's First Amended General Order for electronic filing, “[e]lectronic documents must be electronically filed in PDF, text searchable format when technologically feasible without impa...

Excerpt: ... purchase of an allegedly defective vehicle from a non-party dealership. On March 4, 2022, the Court granted Defendant's motion to compel arbitration and stayed this action pending the completion of arbitration. On June 8, 2023, Plaintiff filed a motion for reconsideration. Within ten days of service of an order, a party may move for reconsideration based on new facts, circumstances, or law. (Code Civ. Proc., § 1008, subd. (a); see also Mink v. ...

Excerpt: ...s LLC dba PB Fasteners (“SPS”) and Hector Pelayo (collectively, “Defendants”), alleging (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in the interactive process in violation of FEHA; (6) failure to prevent discrimination and retaliatio...

Excerpt: ...fendant Cobalt Construction Company. The Court entered default against Defendant on June 7, 2022. On July 29, 2022 and April 11, 2023, the Court denied without prejudice Plaintiff's requests for entry of default judgment. On July 17, 2023, Plaintiff filed this request for entry of default judgment. This request is not significantly different from the prior requests. Plaintiff seeks a judgment of $3,011,659.54, consisting of $1,000,000.00 in actua...

Excerpt: ...t 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).) Defendant moves to strike allegations related to punitive damages (Complaint ¶¶ 30, 41, 53, 59, 71, 79, 87, 108, an...

Excerpt: ...Inc. ("Nova-seller"), Julita P. Fraley aka Julie Fraley, and Carol Vega aka Carol Vega Aguilar. On February 3, 2023, Nova-seller, Julita P. Fraley, Carol Vega, and Nelson Rolando Aguilar (collectively, "Cross-complainants") filed a cross-complaint against Nova-Buyer, Jonathan Sassover, Michael Davidov, and Pine Street Healthcare Holdings LLC ("Pine Street") (collectively, "Cross- Defendants"). On March 2, 2023, Cross-Defendants filed a demurrer a...

Excerpt: ... contract and breach of implied warranty. On June 15, 2023, IPL filed a demurrer. IPL argues that this action is barred by res judicata and the parties' settlement agreement. As an initial matter, CWS argues that IPL's current corporate status with the California Secretary of State is “Forfeited – SOS,” so it cannot defend itself in this action. (Opposition at pp. 2-3.) In reply, IPL contends that it merged with another entity, which assign...

Excerpt: ...cuments, Set One, on Plaintiff Oscar Valle. (Gershfeld Decl. ¶ 4.) On May 9, 2023, Plaintiff served objections. (Gershfeld Decl. ¶ 5.) The parties met and conferred before Defendant filed a motion to compel further responses to RFP Nos. 20-22 on July 7, 2023. (Gershfeld Decl. ¶¶ 6-10.) A party may move to compel a further response to a demand for production of documents if the demanding party deems that the statement of compliance with the de...

Excerpt: ... action against Defendants Rosa Saenz and Bertha Saenz. Defendants later filed a cross-complaint. On September 15, 2022, the Court granted Plaintiff's motion to compel arbitration. On May 31, 2023, Arbitrator Robert Mann of ADR Services Inc. issued a written award that awarded nothing to Plaintiff and voided Plaintiff's mechanic's lien. Defendants were also awarded $25,000.00 from Plaintiff. On June 28, 2023, Plaintiff filed a motion to vacate th...

Excerpt: ...Kiely and MDMK Ltd. filed a second amended complaint against Defendants Hyph (USA) Inc., Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. On April 28, 2023, Defendants filed an amended motion to quash service of summons for lack of personal jurisdiction. Defendants also filed an amended motion to dismiss or stay on forum non conveniens grounds. On June 15, 2023, Plaintiffs filed a motion to continue ...

Excerpt: ...ha Gold, and John Kelle Courtney for legal malpractice. John Kelley Courtney filed a demurrer, and all other Defendants filed answers. On May 23, 2023, the Court sustained Courtney's demurrer with leave to amend. On June 15, 2023, Plaintiff filed a first amended complaint (“FAC”). On July 18, 2023, Samantha Gold (“Defendant”) filed a demurrer to the FAC's fourth, fifth, eighth, ninth, tenth, eleventh, and twelfth causes of action. A demur...

Excerpt: ...warranties arising from the purchase of an allegedly defective vehicle and subsequent negligent repair. On November 18, 2022, Plaintiff filed a motion to compel further responses to RFPs. FCA did not timely file an opposition, and instead, it filed a declaration at 11:18 p.m. the night before the hearing. At the April 20, 2023 hearing, the Court directed the parties to prepare and file a joint statement no later than April 26, 2023. The Court con...