Excerpt: ...n with the non‐FEHA claims. Accordingly, the Court strikes the Memorandum of Costs in its entirety and Defendants are ordered to file a new Memorandum of Costs with respect to costs incurred in defending against the non‐FEHA claims only. Plaintiff Jazmin Edith Miramontes (“Plaintiff”) moves for an order striking and/or taxing costs claimed by Defendants Sharmila QuenimHerr (“QuenimHerr”), and Christopher Ryan, LLC dba Integrated Thera...

Excerpt: ... dealing), 2 nd (wrongful termination in violation of public policy), 3 rd (whistleblower retaliation), and 5th (negligence) causes of action in the second amended complaint (“SAC”) of Plaintiff Carl David Mendlow (“Plaintiff”). Defendant argues 2 nd and 5 th causes of action are barred by the applicable statutes of limitations, all the causes of action fail to allege sufficient facts to constitute the causes of action, and all the causes...

Excerpt: ...as Yun Ying Li (“Li”), Min Zhou (“Zhou”), Yavuz Ertas (“Ertas”), Nima Razfar (“Nima”), Ali Razfar (“Ali”), Jessica Caldera (“J. Caldera”), Nadia Saban (“Nadia”), Lebiba Saban erroneously sued as Lily Saban (“Lebiba”), Paul Luigi (“Luigi”), Ganchimeg Oyunchimeg erroneously sued as JanChung Ozu (“Oyunchimeg”), Daniel Sacilotto (“Sacilotto”), and Arnaud Larousse erroneously sued as Arnald LaRousse (“Laro...

Excerpt: ...osed Amendments, the Court dispenses the requirement of 75% approval. Petitioner Casa de Marina Homeowners Association (“Petitioner”) petitions the Court for an order approving the proposed Amendments to the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) pursuant to Civil Code §4275, Orchard Estate Homes, Inc. v. Orchard Homeowner Alliance (2019) 32 Cal.App.5th 471, 476 (“Orchard”), and Fourth La Costa Condominium Ow...

Excerpt: ...es against Plaintiff Armen Ayvazyan (“Plaintiff”) in the amount of $26,925 on the grounds he is the prevailing party in this action entitled to recover attorneys' fees reasonably incurred in his defense. (Notice of Motion, pgs. 1-2; Amended Notice of Motion, pgs. 1-2; Civil Code §1717.) Background On February 25, 2020, Plaintiff filed his initial complaint alleging causes of action for (1) breach of contract, (2) anticipatory breach of contr...

Excerpt: ... costs is granted in the amount of $760.10. Defendant Donald R. Brogdon, as Successor Trustee of the Brogdon Family Trust, dated July 31, 1989 (“Defendant” or “the Trust”) moves for an order determining that he is the prevailing party under the Fictious Deed of Trust pursuant to Civil Code §1717 and/or under C.C.P. §1021 and is entitled to an award of attorneys' fees in the amount of $96,255, plus costs in the amount of $760.10. (Notice...

Excerpt: ...ompany (“Defendant”) in the total amount of $66,754.03 pursuant to Song-Beverly, Civil Code §1794(d) and C.C.P. §998. (Notice of Motion, pg. i.) The requested amount is based on attorneys' fees in the amount of $45,892.50 for Strategic Law Practices (“SLP”), plus $16,062.38 for a 1.35 “lodestar” enhancement/multiplier, plus $1,299.15 in costs and expenses for SLP, plus $3,500 in anticipated fees for reviewing Defendant's opposition ...

Excerpt: ...n 10 days to narrow down the parameters for the ESI searches consistent with this order. Further responses and production are to be provided within 30 days. Any documents withheld on the basis of attorney‐client privilege are to be identified in a privilege log. The parties' requests for monetary sanctions are denied. Plaintiff Andres G. Ortiz (“Plaintiff”) moves to compel Defendant Arconic, Inc. (“Arconic”) to provide further responses...

Excerpt: ...re Productions, Inc. (“CLP”) (collectively, “Defendants”) demur to the 1st (nuisance), 2 nd (violence in violation of Civil Code §52.4), 3 rd (Tom Bane Act of California), 4 th (Health & Safety Whistleblower – Labor Code §6310), and 5th (Whistleblower Protection – Labor Code §1102.5) causes of action in the complaint of Plaintiff Brian Armstrong (“Plaintiff”). Defendants moves on the grounds the complaint is uncertain and Plain...

Excerpt: ...inst Claimant and Respondent Birdwell California! LLC (“Birdwell”) in the amount of $45,317.28. Valbuena also moves for terminating sanctions against Birdwell. (Notice of Motion, pg. 2; C.C.P. §§ 1281.98 and 1281.99.) Background On May 21, 2020, Birdwell filed a Demand for Arbitration in the American Arbitration Association (“AAA”) (“Underlying Arbitration”) in which Birdwell sought damages for Valbuena's alleged breach of the nondi...

Excerpt: ...of Plaintiffs Erez Jonathan (“Jonathan”), Riva Gambazh (“Gambash”) and Leeanne Ismailcjuc (“Ismailcjuc”) (collectively, “Plaintiffs”). Defendant argues Plaintiffs failed to allege sufficient facts to constitute the cause of action and/or the cause of action is uncertain. (Notice of Demurrer, pgs. 1-3; C.C.P. §§430.10(e), (f).) Background On September 8, 2021, Plaintiffs filed their initial complaint against Defendant alleging ca...

Excerpt: ...djudication on two of the pleadings in this action. First, Collins moves for summary adjudication of her 8 th (failure to permit inspection or copying of payroll records in violation of Labor Code §226(c)) [Issues Nos. 1, 2] and 5th (failure to pay all wages due upon separation of employment in violation of Labor Code §203) [Issues Nos. 3, 4] causes of action asserted in her April 29, 2021 first amended cross-complaint (“FACC”) against Plai...

Excerpt: ...”) demur to plaintiff John Owens' (“Plaintiff's”) Complaint in its entirety, on the grounds that: (1) the Complaint does not allege facts sufficient to constitute each of its causes of action (C.C.P., § 430.10(e)) [Grounds 1, 3, 5, 7, 9, 11, 13, 15, 17]; [1] (2) the Complaint is uncertain and unambiguous [Ground 29 (sic)] and (3) the causes of action have been previously dismissed (C.C.P. § 430.70) [Grounds 2, 4, 6, 8, 10, 12, 14, 16, 18]...

Excerpt: ... amend within 20 days, and DENIED, in part. Defendants Kaufman Dolowich Voluck LLP; Courtney E. Curtis; Barry Z. Brodsky; and Andrew J. Waxler (collectively, the “Defendants”) move to strike portions of plaintiff Edward M. Lyman III's (“Plaintiff's”) Complaint in connection to its allegations for punitive damages (¶ 35, 44, 50, Prayer, lines 6-7), attorney's fees (prayer, line 4), and redacted materials (in ¶¶ 10, 15 and 16.) Mot. to S...

Excerpt: ... Appearing Defendants Banhak Koo (“Koo”) and Cuckoo Homesys Co. LTD (“CHCL”) separately move for an order quashing service of the summons and complaint by Plaintiffs Eric Hosuk Yoon (“Yoon”) and Caresys, Inc. (“Plaintiffs”) for lack of personal jurisdiction. (Notices of Motion, pg. 2; C.C.P. §§418.10, 418.10.) Background of Action On March 29, 2021, Plaintiffs initiated this action against Defendants Koo, CHCL, Cuckoo Electronic...

Excerpt: ...nded complaint (“TAC”) against Defendants Sammy Jacobellis (“Sammy”), Carmella Jacobellis (“Carmella”), and The Sammy Jacobellis and Carmella Jacobellis Family Trust (“The Trust”) (collectively, “Defendants”). The TAC will do the following: (1) clarify theories under causes of action already asserted, (2) plead additional legal theories, and (3) assert related causes of action. (Notice of Motion, pg. 2:16-20; C.C.P. §437(a)(1...

Excerpt: ...e of action in the Complaint of Alma Rosa Gurrola (“Plaintiff”). Defendants argue that Plaintiff has failed to allege facts sufficient to constitute a cause of action. (Notice of Demurrer, pg. 1; C.C.P. § 430.10(f).) No opposition to the demurrer was filed. Background On October 13, 2020, Plaintiff filed her Complaint against Defendants alleging one cause of action for intentional tort. Plaintiff alleges the following in her two-page Attachm...

Excerpt: ...tiff's requests for monetary sanctions against Montalvan and its counsel of record are granted in the reduced total amount of $3,180 against Montalvan only, payable within 30 days. Montalvan's requests for monetary sanctions are denied. Plaintiff's unopposed motion to deem Requests for Admission (Set Two) admitted against Defendant Kababayan Development, Inc. is granted. Code compliant responses are due within 15 days. Plaintiff's unopposed reque...

Excerpt: ...ages. Defendant's motion for summary adjudication is granted as to Issues Nos. 9, 11, 12, 13, and 15 and as to the 5 th, 6 th, 7 th, 8 th and 10 th causes of action. The Court does not reach Issue No. 10. Defendants Starry, Inc. (“Starry” or “Defendant”) and Carlos Zuniga (“Zuniga”) (collectively, “Defendants”) move for summary judgment against Plaintiff Val Madrigal (“Plaintiff”), or, in the alternative, for summary adjudicat...

Excerpt: ...rneys' fees plus a $512,322.50 lodestar enhancement (2.0 multiplier), not including costs and expenses) against Defendant Ricky Noh aka Ricky Seong Gon Noh (“Defendant”). Plaintiff moves pursuant to a written contract, Civil Code §1717, C.C.P. §§1021, 1033.5, and CRC Rule 3.1702. (Notice of Motion, pg. I; Trial Exhibit 1.) The Court notes Plaintiff filed a Memorandum of Costs in which she seeks $52,648.70 in costs in addition to the $1,024...

Excerpt: ...' fees and costs. Defendant Louis V. Kosnett (“Defendant”) moves to strike the complaint of Plaintiff Sonya Howard (“Plaintiff”) on the grounds the causes of action arise out of Defendant's protected activities, namely, Defendant's legal representation of his client against Plaintiff in an underlying action. (Notice of Motion, pgs. 1-2; C.C.P. §425.16.) Request for Judicial Notice Defendant's 11/29/21 request for judicial notice is grant...

Excerpt: ...U”) and Frontier Mission Fellowship, Inc. (“FMF”) (collectively, “Defendants”) demur to the 1 st (constructive fraud), 2nd (intentional infliction of emotional distress (“IIED”)), 3 rd (breach of an implied in fact contract), and 4th (quantum meruit) causes of action in the first amended complaint (“FAC”) of Plaintiff Robert Coleman (“Plaintiff”). Defendants argue Plaintiff failed to allege sufficient facts to constitute the...

Excerpt: ... (collectively, “Defendants” or “Chang Defendants”) move for moves for summary judgment on the third amended complaint (“TAC”) of Plaintiff Andrew Yong Ahn (“Plaintiff”) on the grounds the claims are subject to forum selection clauses and/or are barred by the business judgment rule, the applicable statutes of limitations, one or more elements of the claims fail as a matter of law, and/or Plaintiff cannot submit evidence creating a...

Excerpt: ...tion on February 8, 2023 at 8:30 a.m. Defendant Robinson Helicopter Company, Inc. (“Defendant”) moves for an order compelling arbitration of all claims asserted by Plaintiff Michael Larose (“Plaintiff”) in this action and staying the action pending completion of arbitration. (Notice of Motion, pg. 2; C.C.P. §§1281 and 1281.2.) By way of background, on July 6, 2021, Plaintiff filed the instant action for discrimination and retaliation in...

Excerpt: ... 4th (fraudulent inducement – concealment) and 5th (fraudulent inducement – intentional misrepresentation) causes of action in the complaint of Plaintiffs Xavier Richie (“Richie”) and Karime Aguilar Richie aka Karime Aguilar (“Aguilar”) (collectively “Plaintiffs”). Defendant demurs on the grounds Plaintiffs failed to allege sufficient facts to constitute the causes of action, the causes of action are barred by the Economic Loss Ru...