Excerpt: ... Superior Court to Orange County Superior Court pursuant to C.C.P. §§395.5, 395, and 397(a). Defendant also requests an order requiring Plaintiffs Xavier Richie (“Richie”) and Karime Aguilar Richie aka Karime Aguilar (“Aguilar”) (collectively “Plaintiffs”) to pay all transfer fees under C.C.P. §§396b(b) and 399. (Notice of Motion, pgs. 1-2.) In opposition, Plaintiffs request an award of monetary sanctions against Defendant in the ...

Excerpt: ...efendant”) moves for an order compelling arbitration of all claims asserted by Plaintiff Irma Anderson (“Plaintiff”) in this action and staying the action pending completion of arbitration. (Notice of Motion, pgs. 1-2; C.C.P. §1281, et seq.; 9 U.S.C. §1.) Defendant's 9/29/20 evidentiary objections to the Declaration of Plaintiff are overruled as to Nos. 1-5 and sustained as to No. 6. On November 26, 2019, Plaintiff filed the instant actio...

Excerpt: ...nding arbitration and staying the case pending the outcome of the arbitration based on a provision in a signed Lease contract between Plaintiffs and Defendant. Plaintiffs Latasha Mcgrew (“McGrew”), Lance Deshone, and Syn'cere Deshone (collectively, “Plaintiffs”) oppose the petition on the grounds of waiver and procedural and substantive unconscionability. Background of Action On October 7, 2019, Plaintiffs filed a complaint against Defend...

Excerpt: ...sts for Admission (Set Two) admitted against Hak Im is granted. Hak Im is ordered to provide responses within 10 days. Plaintiff's unopposed requests for monetary sanctions against Hak Im are granted in the reduced total amount $500. Plaintiff's unopposed motions to compel Defendant Kyung Im to provide responses to Special Interrogatories (Set Two) and Requests for Production (Set Two) are granted. Plaintiff's unopposed motion to deem Requests fo...

Excerpt: ...C”), and Johnny Ortiz (“Ortiz”) (collectively, “Defendants”) for trial pursuant to C.C.P. §36(a). Plaintiff moves on the grounds that at 84 years old she is over the age of 70 and her health is such that preference is necessary to prevent prejudicing her interest in the litigation. (Notice of Motion, pg. 2.) Plaintiff filed the instant action on May 18, 2020 against Defendants for causes of action for elder abuse/neglect, negligence, a...

Excerpt: ...aintiffs”) move for summary adjudication on Plaintiffs' complaint for partition against Defendants Rafiq Islam Mollah (“Mollah”) and Mat Bilkis Akter (“Akter”) (collectively, “Defendants”). (Notice of Motion, pgs. 1-2.) The Court notes Plaintiffs' complaint includes a single cause of action for partition by sale. The Court has reviewed Plaintiffs' Motion and supporting documents including the Declarations of Farhana and Ahad, Reques...

Excerpt: ...tive order exempting her from answering any deposition questions regarding documents Defendant Western Asset Management Company, LLC (“Defendant”) did not produce in response to Plaintiff's discovery requests. (Notice of Motion, pg. 2.) Plaintiff moves on the ground that forcing her to answer questions regarding documents she requested but that Defendant has refused to produce would prejudice Plaintiff and permit Defendant to gain an unfair a...

Excerpt: ...on (“Plaintiff”) moves for an order appointing counsel to represent him on the grounds that he is unable to afford counsel, the issues in this action are complex, he is a disabled prisoner, the Disabled Advocacy Group and Prison Law Office have turned down his request for assistance, and Plaintiff has limited knowledge with the law. (Notice of Motion, pgs. 1-2.) The trial court has the discretionary authority to appoint counsel to Plaintiff i...

Excerpt: ...ntiff Eduardo Martinez (“Plaintiff”) seeks in this action. (Notice of Motion, pgs. 1-2.) Costs and expenses may be recovered by a prevailing buyer under the Song- Beverly Consumer Warranty Act (“Song-Beverly”). (See Civil Code §1794(d).) Section 1794(d) provides: If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs an...

Excerpt: ...imed no later than 10 Court days prior to the hearing date. Defendants James A. Allen and Denise M. Allen's motion for attorneys' fees is denied. Two motions for attorneys' fees are presently before the Court. First, Plaintiff and Cross-Defendant Lex Herwen G. Barte (“Plaintiff” or “Cross- Defendant”) moves for an award of attorneys' fees in the amount of $136,826 against Defendants and Cross-Complainants James A. Allen (“James”) and ...

Excerpt: ...LLC (“Defendant”) moves for an order transferring venue from the Los Angeles Superior Court to the Ventura County Superior Court, pursuant to C.C.P. §§395(b), 395.5, 396b, and 397(a). Defendant also requests an award of reasonable expenses and attorneys' fees against Plaintiff Christine L. Westfall (“Plaintiff”) and her counsel Strategic Legal Practices, APC (“SLP”) in the amount of $1,685 pursuant to C.C.P. §396b(b). Finally, Defe...

Excerpt: ...aintiffs”) move for summary adjudication on Plaintiffs' complaint for partition against Defendants Rafiq Islam Mollah (“Mollah”) and Mat Bilkis Akter (“Akter”) (collectively, “Defendants”). (Notice of Motion, pgs. 1-2.) The Court notes Plaintiffs' complaint includes a single cause of action for partition by sale. The Court has reviewed Plaintiffs' Motion and supporting documents including the Declarations of Farhana and Ahad, Reques...

Excerpt: ...use of action in the complaint of Plaintiff Melita Steward (“Plaintiff”). Defendant demurs on the grounds that the FAC fails to allege sufficient facts to constitute the cause of action, that the cause of action is barred by the applicable statute of limitations, the cause of action is uncertain, and that the cause of action is barred by the Economic Loss Rule. (Notice of Demurrer, pgs. 1- 2; C.C.P. §§338(d), 430.10(e).) [Defendant's Notice...

Excerpt: ...e of the deposition subpoena for personal appearance on non-party Kris Herzog (“Herzog”), Plaintiff's expert consultant, issued by Defendant His Royal Highness Prince Khalid Bin Faisal Bin Sultan Bin Abdulaziz Al Saud (“Defendant”) pursuant to C.C.P. §1987.1, or alternatively, a protective order preventing said deposition. (Notice of Motion, pgs. 1-2.) Plaintiff also requests an award of monetary sanctions against Defendant and his attor...

Excerpt: ...alternative, VW and Defendant LAD-V, LLC dba Volkswagen of Downtown LA (“Dealer”) (collectively “Defendants”) move for summary adjudication of the following issues: (1) VW complied with the Song-Beverly Consumer Warranty Act (the “Song-Beverly”) by offering to repurchase or replace Plaintiff's vehicle, entitling VW to summary judgment and Dealer to summary adjudication [Issue No. 1]; (2) Plaintiff has no viable claim for civil penalty...

Excerpt: ...parties stipulate to the filing of an amended petition, the parties are to file supplemental briefing demurring to the Second Amended Petition for Writ of Mandate, the operative pleading in this action. Defendant/Respondent United Teachers Los Angeles (“UTLA”) demurs to the 1 st (bill of attainder Cal. Ed. Code §44500 et. seq.), 2 nd (PAR Panel violation of California Constitution Art. 1 §3), 3 rd (disability discrimination), 4 th (violatio...

Excerpt: ...y “Defendants”) move for an order compelling Plaintiff Kevin Willis (“Plaintiff”) to submit to a complete independent mental examination pursuant to C.C.P. §§2032.210 and 2032.310 by defense counsel's medical expert, Dr. Ari Kalechstein, PhD (“Dr. Kalechstein”). (Notice of Motion, pgs. 1-3.) Defendants' 9/2/20 evidentiary objections are unnumbered and fail to cite to the evidence objected to. Defendants' evidentiary objection to ¶6...

Excerpt: ...t of JWSE is sustained with leave to amend. A. JWSE's Demurrer Cross-Defendant Jessen-Wright Structural Engineers (“JWSE”) demurs to the 1 st (comparative (equitable) indemnity) and 2nd (declaratory relief) causes of action in the first amended cross- complaint (“FACC”) of Defendant and Cross-Complainant Reinforcing Ready, Inc. dba JD Reinforcing Ready Company (“Reinforcing”). (Notice of Demurrer, pgs. 1-2.) JWSE demurs on the grounds...

Excerpt: ...to the 1 st and 2 nd causes of action and overruled as to the 3 rd cause of action. A. Motions to Strike Cross-Defendants Renato Robison (“Robison”) and Alexandre Viana Abreau (“Abreau”) (collectively, “Cross-Defendants”) have each filed a motion to strike the second amended cross-complaint (“SACC”) of Cross-Complainant Marianah Crevoiserat (“Crevoiserat”) in the grounds the SACC is unauthorized and untimely. (Notices of Motio...

Excerpt: ...elling arbitration of the claims asserted by Plaintiff Mary McLean (“Plaintiff”) in this action and staying the action pending the completion of arbitration. Plaintiff filed the instant action on May 18, 2020 against Defendants for causes of action for elder abuse/neglect, negligence, and financial elder abuse relating to Plaintiff's treatment at Defendants' Residential Care Facility of the Elderly, Atria. Atria was served by personal service...

Excerpt: ...nnetta Taylor (“Donnetta”) and Nathaniel White, Jr. (“Junior”) (collectively “Cross-Defendants”) move for summary judgment against the Second Amended Cross-Complaint of Cross-Complainants Wendy Taylor (“Wendy”) and Nathaniel White Senior (“Senior”) (collectively, “Cross- Complainants”). In the alternative, Cross-Defendants move for summary adjudication of the 1 st (undue influence/elder abuse) and 2 nd (breach of fiduciary...

Excerpt: ...nnetta Taylor (“Donnetta”) and Nathaniel White, Jr. (“Junior”) (collectively “Cross-Defendants”) move for summary judgment against the Second Amended Cross-Complaint of Cross-Complainants Wendy Taylor (“Wendy”) and Nathaniel White Senior (“Senior”) (collectively, “Cross- Complainants”). In the alternative, Cross-Defendants move for summary adjudication of the 1 st (undue influence/elder abuse) and 2 nd (breach of fiduciary...

Excerpt: ...endants”) move for judgment on the pleadings as to the single cause of action for libel per se in the complaint of Plaintiff Austin Baul (“Plaintiff”). (Notice of Motion, pgs. 1-2.) While not indicated in the Notice of Motion, a review of the motion indicates Defendants move on the grounds that Plaintiff failed to allege sufficient facts to constitute the cause of action due to the cause of action being barred by the applicable statute of l...

Excerpt: ...OWN: Oprah Winfrey Network, LLC's motion for summary judgment is moot. In light of the ruling on ABC Defendants' motion for summary judgment, the Court does not reach the issue of ABC Defendants' joinder in Defendant OWN: Oprah Winfrey Network, LLC's motion for summary judgment. Plaintiff's request for a continuance is moot. ABC Defendants' motion for sanctions is denied. A. Motion for Summary Judgment/Adjudication Defendants American Broadcastin...

Excerpt: ...endants Kamyar Penhashi (“Penhasi”) and Jean Jacket Clothing, Inc. (“JJC”) (collectively “Defendants”) demur to the 1 st (breach of contract), 2nd (intentional misrepresentation), 3 rd (negligent misrepresentation), 4 th (money had and received), 5 th (conversion), 6 th (promissory estoppel), and 7 th (unjust enrichment) causes of action in the first amended complaint (“FAC”) of Plaintiff Natural Collection, Corp. (“Plaintiff”...