Excerpt: ...Tukes”) (“Defendant”) moves for an order awarding her attorney's fees and costs on appeal against Plaintiff Pierre Richard (“Richard”) (“Plaintiff”) in the total amount of $56,898.00. (Notice of Motion, pg. 2; C.C.P. §425.16(c).) Background Plaintiff and Defendant Tukes' mother are each 50% beneficiaries of the Adeline R. Bennett, M.D. Trust (“the Bennett Trust”). Defendant Tukes is not a beneficiary of the Trust. (Decl. of Fri...

Excerpt: ...“Plaintiff Randy”), in their capacities as individuals and Trustees of the Patricia A. Colby Trust, (collectively, “Plaintiffs”) move for an Order entering judgment, in favor of Plaintiffs and against Defendant Juan Puga Suarez (“Defendant Suarez”), pursuant to the terms of the settlement agreement signed by the parties on approximately August 8, 2020, and pursuant to the legal authority enumerated within Code of Civil Procedure secti...

Excerpt: ...tiffs are ordered to pay $2,268.75 to Defendant within 15 days. Defendant Jaguar Land Rover North America, LLC (“Defendant”) moves for an Order compelling Plaintiffs Thomas and Ilana Jones (collectively, “Plaintiffs”) to produce the Subject Vehicle for expert inspection, in compliance with the Court's previous October 12, 2022 Order. Background The present action arises from Plaintiffs' lease of a new 2019 Land Rover RR SPT HSE MHEV (here...

Excerpt: ..., at 8:30 a.m. The parties are ordered to file a joint status report five court days in advance of the hearing. Defendants Monsters Ink, LLC (“Monsters”) and Philip Kim (“Kim”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Dominie Lee (“Lee”) (“Plaintiff”) in this action and staying the action pending completion of arbitration. (Notice of Motion, pgs. 1-2; C.C.P. §12...

Excerpt: ...udgment. Specifically, Plaintiff requests the Court seal Exhibits 3, 7, 11, 12 and 18 of Defendant's Opposition to Summary Judgment. (Supplemental Brief, pg. 3, Revised/Reduced Exh. A.) Plaintiff offers proposed redactions for the public file. Request for Judicial Notice Plaintiff's 10/6/2022 request for judicial notice of the 8/23/22 Stipulation and Order to Seal Records in Chraghchian v. Erickson International, LLC, Case No. A-20-823779-B in th...

Excerpt: ...., jointly and severally, to pay monetary sanctions in the amount of $3,850 to Defendant, by and through counsel for Defendant, within 30 days of notice of the Court's orders. Defendant Geico General Insurance Company (“Defendant”) moves the Court for terminating sanctions and monetary sanctions against Plaintiffs Ryan Thomas Cleary and Lora Peterson (collectively “Plaintiffs”) pursuant to Code of Civil procedure section 128.7 because Pla...

Excerpt: ...n 473, subdivision (a)(1). (Code Civ. Proc., § 473, subd. (a)(1).) Plaintiff's operative Complaint presently alleges the following two (2) causes of action under the Song-Beverly Consumer Warranty Act (Civ. Code, §§ 1790, et seq.): (1) Breach of Implied Warranty of Merchantability; and (2) Breach of Express Warranty. By virtue of Plaintiff's present Motion, Plaintiff seeks to amend the operative Complaint by adding a third cause of action for ...

Excerpt: ...s Jyla Elsa Corral, Rafael Corral, Jonaven Hess Corral, Rafael Corral, Jayben Cali Corral, and Jocelyn Corral (collectively “Plaintiffs”). Defendant argues that each cause of action is uncertain and fails to state facts sufficient to state a cause of action. Judicial Notice Defendant requests the court to take judicial notice of (1) California Highway Patrol's Traffic Crash Report of the incident; (2) Records obtained from the U.S. Department...

Excerpt: ...of action, and sustained without leave to amend as to the seventh cause of action. Defendants' motion to strike is denied as moot. Defendants Blue Lagoon Textile, Inc. (“Blue Lagoon”) and Kamran Amirianfar (“Amirianfar”) (collectively, “Defendants”) demur to the first (breach of contract), sixth (dishonored check) and seventh (breach of contract by dishonored check) causes of action in the complaint of Plaintiff Payman Fabric, Inc. (�...

Excerpt: ...ts Cuckoo Homesys Co. Ltd (“Homesys”), Cuckoo Rental America, Inc. (“CKRA”), Cuckoo Electronics America, Inc. (“CEA”), and Michael Won Jun Yi (“Yi”) (collectively, “Defendants”) demur to the 4 th (fraud), 6 th (intentional misrepresentation), 7 th (concealment), 8 th (negligent misrepresentation), 10 th (conspiracy to defraud), 11 th (breach of fiduciary duty), 12 th (constructive fraud), and 13 th (misappropriation of trade s...

Excerpt: ...ushi, counsel for Defendant Husni Othman (“Defendant”), in the amount of $6,660.00. (Notice of Motion, pg. i.) Plaintiff moves pursuant to California Code of Civil Procedure § 128.7. Background On July 21, 2021, Plaintiff Westlake Services, LLC dba Westlake Financial Services (“Plaintiff”) filed a complaint against Husni Othman (“Defendant” for purposes of this motion) and Roxanne Auto (collectively, “Defendants”), alleging cause...

Excerpt: ...ting $34,223.00 in fees and a 1.5 lodestar multiplier of $17,111.50. (Notice of Motion, pg. 1.) Evidentiary Objections Defendant's evidentiary objections to the Exhibits attached to the Declaration of Richard M. Wirtz and the Exhibits attached to the Declaration of Norman Taylor are overruled. Plaintiff's evidentiary objections Nos. 1-5, 7-16, 17 (sustained as to “This isn't negotiating. . ., otherwise overruled), and 18 are overruled and Nos. ...

Excerpt: ...rt enter an order of dismissal with prejudice of Defendants is granted. This action is a commercial landlord-tenant dispute. Plaintiffs Coffee + Food, LLC, (“Coffee”) and Art Works Studio & Classroom, LLC, (“Art”) (collectively, “Plaintiffs”) filed their First Amended Complaint (“FAC”) on August 12, 2019, alleging breach of contract (1st and 2nd causes of action), specific performance (3rd and 4th causes of action), intentional in...

Excerpt: ... days, and overruled as to the 2nd cause of action. Defendant Alfred Palafox (“Palafox”) (“Defendant”), in pro per, demurs generally to the 1st, 2nd, 3rd, 4th, 5th, and 6th causes of action in Plaintiff John Murray's (“Murray”) (“Plaintiff”) second amended complaint (“SAC”). Defendant Palafox demurs on the grounds that the 1st, 2nd, 3rd, 4th, 5th, and 6th causes of action of the SAC fail to state sufficient facts to constitute...

Excerpt: ...�) and R.O.A.R. Management Company, Inc. (“ROAR”) (collectively, “Cross-Complainants”) move for leave to file a first amended cross-complaint (“FACC”) in this action. (Second Notice of Revised Motion, pgs. 1-2; C.C.P. §§473, 576; C.R.C., Rule 3.1324.) Background On March 29, 2022, Plaintiff Healthcare Management Associates, Inc., individually and derivatively on behalf of Healthcare Financial Solutions, LLC, (“HMA”) (“Plaintif...

Excerpt: ...bmit a proposed judgment of dismissal with prejudice within 10 court days. Plaintiff Miguel Zelidon's request for sanctions against Defendant Gail Dandy is denied. Defendant Dandy's motion to compel arbitration of Plaintiff's claims in this action is denied as moot. Defendant Ground Services International Incorporated's motion to compel arbitration of Plaintiff's claims in this action is granted. The case is stayed pending arbitration. The matter...

Excerpt: ...”) and BCH Enterprises, LLC (“BCH”) (collectively, “Defendants”) on its complaint. (Notice of Motion, pg. 2; C.C.P. §437c; Evid. Code §§451(e), (f); §§452(c), (d), (g), (h); §§453(a), (b); §454(a); §§455(a), (b).) Request for Judicial Notice Plaintiff's 6/7/2022 request for judicial notice of the Certificate of Status as to BCH Enterprises LLC issued by the California Secretary of State is granted. (P-RJN, Exh. F.) Procedural ...

Excerpt: ...ion on February 8, 2024, at 8:30 a.m. The parties are ordered to file a joint status report five court days in advance of the hearing. Defendant Nissan North America, Inc. (“NNA”) (“Defendant”) moves for an order compelling arbitration of all claims asserted by Plaintiffs Maritza Parra (“Maritza”) and Samuel Parra (“Samuel”) (collectively, “Plaintiffs”) and staying the action pending completion of arbitration. (Notice of Motio...

Excerpt: ...“Complaint”) of Plaintiff Alwants, LLC (“Alwants”) (“Plaintiff”). (Notice of Demurrer, pgs. 1-2.) Background On September 20, 2022, Plaintiff filed its operative against Defendant BloqUV and non-moving Defendant APS El Salvador S.A. de C.V. (“APS”) in the instant action alleging two causes of action: (1) declaratory relief, and (2) damages and indemnity arising from a series of orders Plaintiff alleges Defendant BloqUV placed with...

Excerpt: ... Inc.'s request for monetary sanctions is granted in the amount of $1,025.00. Cross‐Defendant KGM3's motion to compel Cross‐Complainant to provide further responses to its Special Interrogatories (Set One) is granted. Further responses are to be provided within 15 days. Cross‐Defendant KGM3's request for monetary sanctions is granted in the amount of $2,625.00. Cross-Defendant CMS Construction, Inc. (“CMS”) (“Cross-Defendant”) moves...

Excerpt: ...efendant Carla Barboza (“Barboza”) (“Cross-Defendant”) demurs generally and unopposed, to the cross-complaint (“CC”) of Cross-Complainant H&E Builders Services, Inc. (“H&E”) (“Cross-Complainant”) and demurs specially to the 1st, 2nd, 3rd, 4th, 5th, and 6th causes of action of the CC on the grounds that the various causes of action fail to allege facts sufficient to constitute viable causes of action. (Notice of Demurrer, pg. 1...

Excerpt: ...t for sanctions is denied. Plaintiff Kaden Sanchez (“Sanchez”) (“Plaintiff”) moves for an order compelling Defendant Turner's Operations, Inc. (“Turner”) (“Defendant”) to comply with its responses to Plaintiff's Requests for Production of Documents (Set One). (Notice of Motion, pg. 1; C.C.P. §2031.320.) Plaintiff also requests an award of sanctions against Defendant in the amount of $8,181.65. (Notice of Motion, pg. 1.) Backgroun...

Excerpt: ...- Complainant”) moves unopposed for leave to file a first amended cross-complaint (“FACC”) in this action. (Notice of Motion, pgs. 1-2; C.C.P. §473; C.R.C., Rule 3.1324(a).) Specifically, the FACC will: (1) add BMW Nationwide Security, Inc. as a named Cross-Defendant in the FACC's third cause of action for contribution; (2) add BMW Nationwide Security, Inc. as a named Cross-Defendant in the fifth cause of action for contractual indemnity; ...

Excerpt: ...t 8:30 a.m. The parties are ordered to file a joint status report five court days in advance of the hearing. Defendants Monsters Ink, LLC (“Monsters”) and Philip Kim (“Kim”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Dominie Lee (“Lee”) (“Plaintiff”) in this action and staying the action pending completion of arbitration. (Notice of Motion, pgs. 1-2; C.C.P. §1281....

Excerpt: ...to file a second amended complaint (“SAC”) in this action. (Notice of Motion, pg. 2; C.C.P. §§473, 576.) Specifically, the SAC will: (1) add a fourth cause of action for breach of contract against Defendants Jon Gimbel (“Gimbel”) and Anthony Guagliano (“Guagliano”), and (2) adds Gallant Capital Partners I, LP, Gallant Capital Partners GP I, LP, and Gallant Capital Partners GP II, LP as additional defendants to the existing second ca...