Excerpt: ...s granted. Defendants Related Management Co., L.P. (“Related”), RCMP Management, LLC, erroneously sued as RCMP Management, Inc., (“RCMP”), Harbor Village Housing Partners, L.P. (“Harbor Village HP”), Related/Harbor Village Development Co. LLC, erroneously sued as Harbor Village Development Co., LLC, (“R/HV Development”), and La Cienaga Lomod, Inc. (“LCL”) (collectively, “Settling Defendants”) move for an order determining ...

Excerpt: ...Cross-Defendant Factory Artwear Incorporated (“FAI”) and Cross-Defendant Lynn Braun (“Braun”) (collectively, “FAI Parties”) as to affirmative defenses raised in the two answers filed by two different sets of defendants to FAI's second amended complaint (“SAC”) as well as to FAI Parties' own affirmative defenses asserted in response to the two cross- complaints filed against them. First, Defendants Janchay Naichiengmai (“Janchay�...

Excerpt: ...emurrer to the first amended complaint is overruled as to the 4 th and 5 th causes of action, sustained without leave to amend as to the 3 rd cause of action, and sustained with leave to amend as to the 8 th and 9 th causes of action, within 20 days. Defendants Frazier Watts and George Lewis's demurrer to the first amended complaint is overruled as to the 6 th cause of action and sustained with leave to amend as to the 8 th and 9th causes of acti...

Excerpt: ...lectively, “McLear”), and Joseph Prencipe (“Prencipe”) (collectively, “Defendants”) move for an order terminating the reference to the Honorable William McCurine Jr. (Ret.) of Judicate West (the “Referee”) of all discovery matters in this action pursuant to C.C.P. §643(c). (Notice of Motion, pgs. 1-2.) The Court notes the opposition filed by Plaintiff Esos Rings, Inc. (“Esos Rings”) on October 6, 2021, is untimely pursuant to...

Excerpt: ..., 3 rd (unfair business practices), 4th (declaratory relief) causes of action in the first amended cross-complaint (“FACC”) of Cross-Complainant Liza Perel (“Perel”). Fuchs demurs on the grounds the FACC fails to state facts sufficient to constitute the causes of action. Request for Judicial Notice Fuchs's 6/11/21 request for judicial notice is granted. However, the Court does not take judicial notice of the truth of the matters asserted ...

Excerpt: ...“Regency”) (collectively, “Defendants”) demur to the 3rd (private nuisance) and 4 th (Business & Professions Code §17200) causes of action in the complaint of named Plaintiffs (defined below). Defendants demur on the grounds the complaint fails to state sufficient facts to constitute the causes of action and are uncertain. (Notice of Demurrer, pg. 2.) Background of Action and Allegations The complaint was filed on April 14, 2021, by thre...

Excerpt: ...nc. (“Light Beam”), Choice Hospice Care (“CHC”), Robert Mahterian (“Mahterian”), and Diego Valli (“Valli”) (collectively, “Defendants”) move to strike certain portions of the second amended complaint (“SAC”) of Plaintiff Saro Bedikian (“Plaintiff”). Specifically, Defendants move to strike: (1) allegations supporting a request for punitive damages in connection with Plaintiff's 4 th (negligent misrepresentation) cause o...

Excerpt: ...murs to the 1 st (fraud) cause of action in the first amended complaint (“FAC”) of Plaintiffs George Clifton (“George”) and Josie Macadangdang (“Josie”) (collectively, “Plaintiffs”) on the grounds Plaintiffs fail to allege sufficient facts to state the cause of action against Defendant and that cause of action is uncertain. [The Court notes while Defendant demurs to the FAC on grounds of uncertainty, Defendant's demurrers do not i...

Excerpt: ...petitions to approve minors' compromises are granted. Petitioner Cynthia Arrieta Medina (“Medina”), on behalf of Claimant Isabella Monique Gutierrez Arrieta (“Isabella”) and Petitioner Jesus Rosales Mandujano (“Mandujano”), on behalf of Claimant Jesus Alberto Rosales (“Jesus”) petition the Court to approve minors' compromises in the settlement of the instant action. I. Background Petitioner Medina and Mandujano (collectively, “P...

Excerpt: ...ugust 1, 2022, apprising the Court of the status of the arbitration. Defendants York Healthcare & Wellness Centre, LP (“York”) and G4 Wellness GP, LLC (“G4”) (collectively, “Defendants”) petition for an order compelling Plaintiffs Meena Klaassen (“Klaassen”), Anil Sharma (“Anil”), and Raj Sharma (“Raj”) (collectively, “Plaintiffs”) to arbitrate all claims asserted on behalf of their mother Susan Sharma (“Decedent”)...

Excerpt: ...Plaintiff Kip Pierce (“Plaintiff”), pursuant to C.C.P §425.16, in the amount $16,791 in fees and $112.70 in costs, for a total amount of $16,903.70. (Motion, pgs. 1-2; Reply pg. 8.) [The Court notes the Notice of Motion includes different amounts based on estimates of fees and costs in connection with the instant motion, the Reply sets forth the final amount requested by Defendant based on actual costs.] The Court notes Plaintiff's argument ...

Excerpt: ... granted in the reduced amount of $1,406.96. Defendant's request for monetary sanctions is denied. Plaintiff moves to compel Defendant to provide further responses to Form Interrogatory No. 15.1. Plaintiff also requests an award of monetary sanctions against in the total amount of $3,206.96. In opposition, Defendant requests monetary sanctions against Plaintiff in an unstated amount. Request at Issue Form Interrogatory No. 15.1 requests that Defe...

Excerpt: ...rvicing, Inc. (“SPS”) and U.S. Bank National Association, as Trustee, Successor in Interest to Bank of America, National Association as Trustee as Successor by Merger to La Salle Bank, National Association, as Trustee for Wamu Mortgage Pass-Through Certificates Series 2007-HY7 Trust (“U.S. Bank”) (collectively “Defendants”) move for an order awarding $76,282.00 in prevailing attorneys' fees against Plaintiffs Parvin Jamali (“Jamali�...

Excerpt: ...end. Cross-Defendant/Plaintiff The People of the State of California's demurrer to the 2 nd cause of action is sustained with leave to amend as a remedy within 10 days, and is sustained without leave to amend as to the 3 rd cause of action in the second amended cross-complaint. The State's motion to strike is moot as to the 2 nd and 3 rd causes of action. The motion to strike is granted as to the request for attorneys' fees and denied as to ¶¶1...

Excerpt: ... BMW Nationwide Security, Inc. (“BNS”) as a cross-defendant and to add a cause of action for express contractual indemnity against BNS. (Notice of Motion, pgs. 1-7; C.C.P. §437(a), 576.) Background On January 8, 2020, Plaintiff Edna Herrarte-Giron (“Plaintiff”) filed her personal injury complaint in the instant action against Staff Pro and Defendants Al Malaikah Auditorium Company (“AMAC”) and Goldenvoice, LLC (“Goldenvoice”) (co...

Excerpt: ...right's demurrer to 4 th and 5 th causes of action is sustained without leave to amend. Defendants' motion to strike is granted as to the prayer for punitive damages and request for prejudgment interest. The motion to strike time-barred allegations is denied. A. Demurrer Defendants Los Angeles Unified School District (“LAUSD”) and Rodney Wright (“Wright”) (collectively, “Defendants”) demur to the 2 nd (negligent hiring, supervision, a...

Excerpt: ... (“Owen”) and the Law Firm of Alston & Bird LLP (“Alston & Bird”) (collectively, “Counsel”) as attorney of record for Defendant WMBE Payrolling Inc. dba TargetCW (“Defendant”). Plaintiff moves for disqualification on the grounds Counsel's prior representation of Plaintiff constitutes a conflict of interest that warrants disqualification. Factual Background On June 1, 2020, Plaintiff, who is pro per, filed her complaint against Def...

Excerpt: ...g the Court of the status of the arbitration. Defendants Pama Management, Inc. (“Pama”) and I E Rental Homes (“IERH”) (collectively “Defendants”) move to compel arbitration of claims asserted by Plaintiff Isaiah Kelly(“Plaintiff”) and stay the action pending completion of the arbitration. (Notice of Motion, pg. ii.) Evidentiary Objections & Requests for Judicial Notice Defendants' 4/8/21 request for judicial notice is granted. How...

Excerpt: ...of Schuchman & Kaplan (“Firm”) (collectively, “Kaplan Defendants”) move the Court to stay the instant action filed by Plaintiff Shannon Calandri (“Plaintiff”) pending the resolution of the marital dissolution action titled Shannon Calandri v. John Calandri, Case No. BD651388 (“Dissolution Action”). Kaplan Defendants' 8/18/20 request for judicial notice is granted. However, the Court does not take judicial notice of the truth of th...

Excerpt: ... apprising the Court of the status of the arbitration. Defendants The Wisdom Companies LLC (“Wisdom”), Mark Samuel McKendry (“McKendry”), Timothy Edwards (“Edwards”), Matthew Connelly (“Connelly”), and Karen Morcos (“Morcos”) (collectively, “Defendants”) move to compel arbitration of claims asserted by Plaintiff Sphere Digital, LLC (“Plaintiff”) and stay the action pending completion of the arbitration. (Notice of Moti...

Excerpt: ...with leave to amend as to the 3 rd causes of action, within 10 days. Defendants Ford Motor Company (“Ford”) and Worthington Ford, Inc. (“Worthington”) (collectively “Defendants”) demur to the 2 nd (violation of Song- Beverly Consumer Warranty Act – Breach of Implied Warranty) and 3 rd (negligent repair) causes of action in the complaint of Plaintiffs Jerry D. Ashcraft (“Jerry”) and Shirley E. Ashcraft (“Shirley”) (collective...

Excerpt: ...(“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 (“Larousse”) (collectively, “Defendants” or DOE “Defendants ...

Excerpt: ...d in part. Further responses are to be provided within 10 days. The parties requests for monetary sanctions are denied. Plaintiff Jennifer Hua (“Plaintiff”) moves to compel Defendant Western Asset Management Company, LLC (“Defendant”) to provide further responses to Requests for Production (Set Two) (“RFPs”) Nos 42-50, 57, 74-77. (C.C.P. §2030.300.) Plaintiff also requests an award of monetary sanctions against Defendant and its atto...

Excerpt: ...qualifying the law firm of King, Holmes, Paterno & Sriano, LLP (“Counsel”) as attorney of record for Plaintiff Haderway PTC, LLC, as Trustee of the Black Family Trusts (“Plaintiff”). Defendants move for disqualification based on Counsel's violation of duties under California decisional law [Rico v. Mitsubishi Motors Corp. (2007) 42 Cal.4th 807 (“Rico”) and State Comp Ins Fund v. WPS, Inc. (1999) 70 Cal.App.4th 644 (“State Fund”)] ...

Excerpt: ...2021. Esos's motion for summary judgment currently scheduled for October 21, 2021, is continued to November 9, 2021. Prencipe's motion for summary judgment currently scheduled for November 4, 2021, is continued to November 12, 2021. The parties are ordered to file oppositions and replies based on the original hearing dates. Four motions are presently before the Court. First, McLear & Co., Inc. (“McLear US”) and McLear, Ltd. (“McLear UK”) ...