Excerpt: ...Code Civ. Pro., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasona...

Excerpt: ...sustained in part. To the extent the cause of action seeks to force Zhencai to relitigate the dispute, the demurrer is sustained without leave to amend. To the extent the cause of action alleges a controversy based on the allegedly superseded Marriage Law, the demurrer is sustained with leave to amend within 20 days. To the extent the cause of action alleges a controversy based on the procedure of the enforcement action of the PRC Judgment, the d...

Excerpt: ...ords] the demurrer is overruled. To the extent the cause of action is based on alleged Labor Code violations occurring during Collins's employment, the demurrer is sustained without leave to amend. Cross-Defendants' motion to strike is moot as to allegations/requests damages asserted in connection with the 11 th causes of action to the extent they are based on alleged Labor Code violations that occurred during Collins's employment. (FACC ¶¶118-...

Excerpt: ... Civil (“Plaintiff”) on the grounds the action arises from Defendant's acts in furtherance of her constitutionally protected rights of free speech in a public forum on a topic of public interest. (Notice of Motion, pg. 1; C.C.P. §§425.16(b)(1), 425.16(e)(3), (4).) Specifically, Defendant moves to strike the 1 st (defamation), 2 nd (defamation per se), 3 rd (false light), 4 th (unjust enrichment), and 5 th (intentional infliction of emotiona...

Excerpt: ...ant Mark V. Brajnikoff's unopposed motion to tax costs is granted in the reduced amount of $10,405.56. Shtofman is entitled to recover his requested costs as follows: (1) $766.87 against Saldana, Kyle, and Brajnikoff; and (2) $10,405.56 against Saldana and Kyle only. Two motions relating to the Memorandum of Costs filed by Defendant/Cross-Complainant Robert Scott Shtofman (“Shtofman”) are presently before the Court. First, Defendant/Cross-Def...

Excerpt: ...Bierman”) and MMMG, LLC (“MMMG”) (collectively, “Non-Parties”) move for an order quashing service of the January 12, 2021 Deposition Subpoena for Production of Business Records (“Subpoena”), issued by Arbitrator Honorable Jeffrey King (“Arbitrator”) in the underlying Arbitration proceeding under JAMS Reference Number 1120059839 (“Arbitration”) and served by Plaintiff/Claimant Thomas Linovitz, individually and derivatively on...

Excerpt: ... Paragraph 94 from the 4 th cause of action for intentional interference with prospective economic advantage asserted by Plaintiffs Cindy Ambuehl (“Ambuehl”) and Anvis, Inc. (“Anvis”) (collectively, “Plaintiffs”) in their first amended complaint (“FAC”), pursuant to C.C.P. §425.16. (Notice of Motion, pg. 2.) The Court notes the 8 th cause of action is brought only by Ambuehl, while the 4 th cause of action is brought by Plaintiff...

Excerpt: ... amend as to the 2 nd, 3 rd, 4 th, and 9 th causes of action with leave to amend the 9 th cause of action as one for negligence seeking emotional distress damages. Defendant Creative One Marketing, LLC's (“Defendant”) demurs to the 1st (breach of contract), 2 nd (breach of the covenant of good faith and fair dealing), 3rd (wrongful termination in violation of public policy), 4 th (whistleblower retaliation), 6 th (conversion), 7 th (unjust en...

Excerpt: ...im in this action pursuant to C.C.P. §473. (Notice of Motion, pg. 1.) C.C.P. §473(b) provides, in pertinent part, as follows: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the an...

Excerpt: ... Plaintiff Art Colony Property, LLC (“Plaintiff” or “Landlord”) moves for summary adjudication against Defendant/Tenant Michael J. Kleindienst (“Defendant” or “Tenant”) on the sole issue that he cannot establish his fourth affirmative defense alleging that the amount of rent demanded is defective because the rent was increased in excess of what is allowable under the Tenant Protection Act of 2019 (“TPA”). (Notice of Motion, pg...

Excerpt: ... of action in the first amended complaint (“FAC”) filed by Plaintiff Darryl Turman (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the causes of action, it cannot be ascertained from the allegations whether the contract was oral or implied in conduct, and the causes of action are uncertain. (Notice of Demurrer pgs. 2-3.) Defendant's 5/7/21 request for judicial notice is granted; however, the Court...

Excerpt: ...) move for a new trial pursuant to C.C.P. §657. (Notice of Intent, pgs. 1-2.) Defendants' Notice states that the motion is made on the following grounds: (1) Irregularity in the proceedings of the Court; (2) Irregularity in the proceedings caused by (adverse party) (C.C.P. §657(1)); (3) Irregularity in and improper orders of the Court; (4) Abuse of discretion by the Court; (5) Accident or surprise which ordinary prudence could not have guarded ...

Excerpt: ...d served as OK Kosher aka The Organized Kashrus Laboratories, (“Defendant”) moves for an order dismissing this action as to it pursuant to C.C.P. §§583.210-583.250 on the grounds the summons was not served within three years of the action being filed. (Notice of Motion, pg. 2.) At the initial July 7, 2021 hearing, the Court continued the hearing on the motion and requested Plaintiff file a sur-reply addressing the issue of failure to file p...

Excerpt: ...intiff Ascentium Capital LLC (“Plaintiff”) moves for summary judgment against Defendant Kamran Broukhim (“Defendant”) on each and every cause of action asserted in Plaintiff's complaint against Defendant. In the alternative, Plaintiff moves for summary adjudication of the 2 nd (breach of EFA guaranty) and 3rd (claim and delivery of EFA collateral) causes of action, the only causes of action asserted against Defendant. (Notice of Motion, p...

Excerpt: ...uary 17, 2000, as Amended and Restated on January 5, 2016 (“Roubina Trust”), Armand Hakhverdian as Trustee of the Sarkissian Trust (“Sarkissian Trust”), Armand Hakhverdian as Trustee of the Hemingway Trust, Dated January 5, 2016 (“Hemingway Trust”), and Armand Hakhverdian as Trustee of the AJ Affiliated Holdings Trust dated May 3, 2004 (“AJ Trust”) (collectively “Defendants”) demur to the 1 st (fraudulent transfer – Ethel Pr...

Excerpt: ...stricken. Movants are ordered to file an amended, code compliant, separate statement by September 7, 2021. Opposing parties are ordered to file code-compliant response separate statements to movants' amended separate statement by September 21, 2021. To the extent movants wish to file a reply separate statement, such shall be due by September 28, 2021. The parties are reminded to file their amended separate statements in a manner that complies wit...

Excerpt: ... the 4th and 5 th causes of action. Cross-Defendants Seung Choon Lim and Joung Hee Lim, Trustees of the Seung Choon Lim and Joung Hee Lim Revocable Trust dated November 14, 1998 (collectively “Lim”) demurs to the 1 st (declaratory relief – prescriptive easement), 2nd (declaratory relief – equitable easement), 3 rd (declaratory relief – implied easement), 4 th (quiet title), and 5 th (injunctive relief) causes of action in the cross- com...

Excerpt: ...Current Air Clothing, Inc. (“Defendant”) demurs to the 1 st (retaliation – violation of Cal. Gov. Code §1102.5) and 3rd (retaliation – violation of Labor Code §6310) causes of action in the first amended complaint (“FAC”) of Plaintiff Sue Almonte (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the causes of action against Defendant. (Notice of Demurrer, pgs. 1-3; C.C.P. §430.10(e).) The...

Excerpt: ...e to amend as to the 13 th and 19 th causes of action. The demurrer to the 7th and 18 th causes of action is sustained with leave to amend recission and restitution and constructive trust as remedies. The demurrer to the 14 th cause of action is sustained with leave to amend; Plaintiff may allege negligent infliction of emotional distress in the 20 th cause of action for negligence. The amended complaint must be filed within 20 days. Defendants R...

Excerpt: ...rrogatories Nos. 204(e) and 201.4 are granted. Plaintiff is also ordered to supplement his responses to the Requests for Production identifying the specific request number to which the documents correspond as well as producing documents he agreed to produce in response. Supplemental code-compliant responses to the discovery requests are to be provided within 15 days. Defendant's requests for monetary sanctions against Plaintiff are granted in the...

Excerpt: ... Mahmood's motion for summary judgment is granted. Defendants' motion for summary adjudication is denied as to Issues Nos. 1, 2, and 3 and granted as to Issue No. 4. Defendants Jenny N. Tian (“Tian”), Mary E. Ni (“Ni”), Rebecca Simon- Pearson (“Simon-Pearson”), Samuel Graham (“Graham”), Katrina Mahmood (“Ms. Mahmood”), and Jaffar Mahmood (“Mr. Mahmnood”) (collectively, “Defendants”) move for summary judgment on the Sec...

Excerpt: ... (misappropriation and conversion of funds), 5th (declaratory judgment), 6 th (violation of Business & Professions Code §17200 (“UCL”)), and 7 th (tort of another) causes of action alleged against it in the second amended complaint (“SAC”) of Plaintiffs Martin Briones (“Martin”) and Shanell Briones (“Shanell”) (collectively “Plaintiffs”) on the grounds Plaintiffs fail to allege facts sufficient to constitute the causes of act...

Excerpt: ...plaint of Plaintiff Oliver B. Mitchell III (“Plaintiff”) against Defendant without prejudice. Defendant moves to dismiss on the grounds that under the Federal Arbitration Act (“FAA”), the Court has authority to dismiss an action where all claims are subject to arbitration and under C.C.P. §583.150, the Court has inherent authority to dismiss Plaintiff's claims without prejudice because he has refused to arbitrate his claims that are subj...

Excerpt: ...ants Milo Sebastian Campuzano Tapia (“Milo”), Kevin Campuzano (“Kevin”), Jade Suzanne Campuzano Tapia (“Jade”), and Kiara Campuzano (“Kiara”) (collectively “Claimants”) petition the Court to approve minors' compromises in the settlement of the instant action. During the initial hearing on the petitions on July 14, 2021, the Court addressed the 40% contingency rate as applied to Claimants' settlement amounts, and the parties ag...

Excerpt: ... (“FACC”) brought by Cross-Complainant Chaoying Luo, as Administrator of the Estate of Tony Luo aka Songtao Luo (“Estate”). In the alternative, Cross-Defendants move to strike the 1 st (wrongful death) and 2 nd (survival action) causes of action in the FACC. Cross-Defendants specially move to strike pursuant to C.C.P. §425.16 on the grounds the “the action is predicated on Cross-Defendants' exercise of a constitutional right of free sp...