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”) ...

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: ...�the Trust”) demurs to the 1 st (violation of Civil Code §2941) and 2 nd (cancellation of instrument) causes action in the second amended complaint (“SAC”) of Plaintiff Pierre Frink as Successor in Interest to Clara Broadway Bridges (“Plaintiff”). (Notice of Demurrer, pgs. 1- 2.) Defendant demurs on the grounds that the SAC fails to allege sufficient facts to state the causes of action because the causes of action are barred by the app...

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...

Excerpt: ...nd her counsel of record Thomas M. Lee (“Thomas”) and Barry G. Florence (“Barry”) and their respective law offices, Lee Law Offices, APLC (“Lee Law”) and Law Offices of Barry G. Florence (“Florence Law”) (altogether, “Plaintiff's Counsel”) in the amount of $25,224.50 pursuant to C.C.P. §128.7. Defendant also moves for an order dismissing the operative complaint as to Defendant without leave to amend pursuant to C.C.P. §128.7...

Excerpt: ...iyah”) and Donyae Oneal Lewis (“Donyae”), (collectively “Claimants”) petitions the Court to approve minors' compromises in the settlement of the instant action. As a preliminary matter, on May 3, 2021, the Court advanced the hearing on the petition to confirm minor's compromise from September 9, 2021, to July 22, 2021. However, on July 6, 2021, Petitioner filed Petitions filed on behalf of Claimants indicating hearing dates of September...

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: ...thin one year of the complaint. Names and identifying information of employees are to be redacted. Defendants Wells Fargo Bank, N.A. (“Wells Fargo”) and Joe Fillippelli (“Fillippelli”) (collectively, “Defendants”) move for an order quashing Request for Production No. 15 of the Deposition Subpoena for Production of Business Records (“Subpoena”) served by Plaintiff Joshua Oleesky (“Plaintiff”) on Deponent Littler Mendelson, P.C....

Excerpt: ...ections Nos. 2-3) are overruled. McLear Ltd.'s request for monetary sanctions is denied. Esos Parties' objection to the Ruling on Esos's Motions to Quash Three Subpoenas Issued to Hyperloop and AirSlate (Objection No. 4) are overruled. Prencipe's request for monetary sanctions is denied. Plaintiff and Cross-Defendant Esos Rings, Inc. (“Esos”) and Cross- Defendant Michelle Silverstein (“Silverstein”) (collectively, “Esos Parties” or �...

Excerpt: ... the Court of the status of the arbitration. Defendants Sheraton Operating Corporation (“Sheraton”) and Monica Jun (“Jun”) (collectively “Defendants”) move to compel arbitration of claims asserted by Plaintiff Daisy Alvarez (“Plaintiff”) and stay the action pending completion of the arbitration. (Notice of Motion, pg. ii.) Evidentiary Objections Plaintiff's 6/30/21 evidentiary objections to the Declaration of Evelyn Tangtanalit ar...

Excerpt: ...s specially appearing non-parties Bierman and MMMG's motion to quash set for hearing on December 14, 2021 to September 14, 2021. Plaintiff/Claimant Thomas Linovitz, individually and derivatively on behalf of Cratus Equity, LLC, (“Plaintiff”) moves for an order quashing service of the March 22, 2021 Deposition Subpoena for Personal Appearance and Production of Documents and Things (“Subpoena”) served by Defendant Chris Ganan (“Defendant�...

Excerpt: ...ck”) demurs to the 5 th (foreclosure of mechanic's lien) cause of action in the complaint of Plaintiff Truteam of California, Inc. (“Plaintiff”). Keck demurs on the following grounds: (1) the preliminary notice and mechanic's lien are insufficient to identify the subject property in violation of Civil Code §8416(5); (2) Plaintiff lacks standing to sue since it is an inactive California corporation; and (3) Plaintiff has not alleged it held...

Excerpt: ...ation) cause of action and 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 acti...

Excerpt: ...action in the complaint of Plaintiff Zvi Kriple (“Plaintiff”), a pro per litigant. Defendant demurs on the grounds the complaint fails to state facts sufficient to state the causes of action, the causes of action are uncertain, and/or there is a defect or misjoinder of parties. (Notice of Motion, pgs. 2-3; C.C.P. §§430.10(e), 430.10(f), 430.10(d).) Defendant's 4/19/21 request for judicial notice is granted. As requested by Defendant, the Co...

Excerpt: ...nd 2nd (breach of fiduciary duty) causes of action in the complaint of Plaintiffs Benjamin Chui (“Benjamin”) and Margaret Chui-Lee (“Margaret”) as co-trustees of the King Wah Chui And Chi May Chui Declaration Of Trust Dated March 11, 1988 As Amended By Complete Amendment Of Declaration Of Trust Dated May 21, 1999, As Amended (“Trust”) (collectively, “Plaintiffs”). The Court notes Benjamin and Margaret have not brought the instant ...

Excerpt: ...l health treatment is denied. Defendant G&A Investments Car Rental, LLC, dba Budget Rent-A-Car (“G&A”) and Danny Bustos (“Bustos”) (collectively “Defendants”) move for a second discovery order requiring Plaintiff Kevin Willis (“Plaintiff”): (1) to submit to a full and complete mental examination, which was originally ordered on September 10, 2020 but has not yet been completed; and (2) to complete his deposition and respond to que...

Excerpt: ...e”), Chris H. Moon (“Chris”), and Christine Myung Moon and Chris Hyun Moon as Trustees of the Moon Family Trust dated December 13, 2018 (“Trust”) (collectively, “Defendants”) for breach of guaranty (5 th COA) in Plaintiff's complaint for a total judgment in the amount of $4,630,237.24. (Notice of Motion, pgs. 1-2; C.C.P. §437c(f).) Request for Judicial Notice Plaintiff's 4/19/21 request for judicial notice is granted. However, the ...

Excerpt: ...�) demurs to the 1 st (Private Attorneys General Act (“PAGA”) – Labor Code §§2698 et seq.) cause of action in the complaint of Plaintiff Myesha Brown (“Plaintiff”), the only cause of action asserted in the complaint. The Court notes Plaintiff has brought her PAGA cause of action only in a representative capacity on behalf of aggrieved employees of Defendant, and does not assert an individual claim for relief against Defendant. Defenda...

Excerpt: ..., 8, 11, 12, 15, and 16. Defendants' motion for summary adjudication is denied as to 1 st and 2nd causes of action, the 4 th cause of action (as asserted by Alondra), and as to Issues Nos. 3, 6, and 13. The Court does not reach Issue No. 10. Defendants' motion for summary adjudication is granted as to the 3 rd cause of action, the 4 th cause of action (as asserted by Centerville), and as to Issues Nos. 9 and 14. Defendants Robert K. Barth (“Bar...

Excerpt: ...in the 2 nd, 3 rd, 4 th, and 7 th causes of action of Cross-Complainant HB Surgical Center's Cross-Complaint. Summary Adjudication is granted as to Issue 2 and accordingly as to the 5 th cause of action of the Cross-Complaint. Defendants Sheila Barbarino, M.D. and Eric Howard's motion for summary adjudication is denied as to Issue No. 2, and accordingly as to the 5 th cause of action of Plaintiff Pacific Sixteen LLC's Complaint. Summary adjudicat...

Excerpt: ...ctions is denied. The parties have engaged in substantial discovery practice in this matter. On October 30, 2020, Defendant propounded its first set of written discovery, including Form Interrogatories, Set One (FROG1) on Plaintiff. (Declaration of Virginia Ksadzhikyan (“Ksadzhikyan Decl.”) ¶ 2.) The entire discovery set contained a total of approximately 314 discovery requests. (Declaration of Steven M. Buha (“Buha Decl.”) ¶ 2.) Counse...

Excerpt: ...ond Amended Complaint (SAC) against Defendants alleging causes of action for (1) elder abuse, (2) recission, (3) injunctive relief, and (4) declaratory relief, against all defendants Wells Fargo, N.A. (“Wells Fargo”), Barrett, Daffin, Frappier, Treder, & Weiss, LLP, John Couste, and National Foundation of Debt Management (“NFDM”) (collectively, “Defendants”). Procedural Issues A motion for summary judgment under Code of Civil Procedur...

Excerpt: ...for issue sanctions is denied. Defendant U.S. Bank National Association, as Trustee, Successor in Interest to Bank of America, National Association, as Trustee, Successor in Interest by Merger to La Salle Bank, National Association, as Trustee for WAMU Mortgage Pass-Through Certificates Series 2007-HY7 Trust (“Defendant”) applies for a protective order governing the parameters under which any future original document inspection shall go forwa...

Excerpt: ...f action and the request for punitive damages. Defendant's motion for summary adjudication is granted as to Issues Nos. 1 and 11 and accordingly, as to the 2 nd and 6 th causes of action. The Court does not reach Issue No. 12. Defendant Joe Fillippelli's motion for summary judgment is granted. Fillippelli's motion for summary adjudication is granted as to Issues Nos. 1, 2, and 4, and accordingly, as to the 2 nd and 6 th causes of action as well a...

Excerpt: ...oving the settlement pursuant to Labor Code §2699(l)(3). Plaintiff Marco Vallejos (“Plaintiff”) moves for an order approving his PAGA Settlement and Release Agreement (“Settlement”) with Defendants Quality Parking Services, Inc. (“Quality Parking”) and Ben Akbary (“Akbary”) (collectively “Defendants”). (Notice of Motion, pg. 1; Decl. of Winston, Exh. 1 [Settlement].) Specifically, Plaintiff requests the Court issue an order: ...

Excerpt: ...y G. Florence. Defendant's request that the Court dismiss the operative complaint is moot. Defendant Charles M. Lee (“Defendant”) moves for monetary sanctions against Plaintiff Angela Chon Lee (“Plaintiff”) and her counsel of record Thomas M. Lee (“Thomas”) and Barry G. Florence (“Barry”) and their respective law offices, Lee Law Offices, APLC (“Lee Law”) and Law Offices of Barry G. Florence (“Florence Law”) (altogether, �...

Excerpt: ...laintiff Clique Here, LLC moves to compel Defendant Debra Wallace (“Defendant”) to serve responses to Plaintiff's Requests for Production (Set Three) (“RFPs”). Plaintiff also requests an award of monetary sanctions against Wallace in the amount of $1,500. (Notice of Motion, pg. 2; C.C.P. §§2031.300(b) 2031.300(c).) Background On August 27, 2020, Plaintiff served its third set of discovery, which included the RFPs, on Defendant, and she ...

Excerpt: ... of Los Angeles (“the County”) demurs to 3 rd (just compensation for taking of property), 4 th (declaratory relief) causes of action in the first amended cross-complaint (“FACC”) of Cross-Complainant Litchfield Capital, LLC (“Litchfield”). Background On July 13, 2017, Plaintiff The People of the State of California, acting by and through the Department of Transportation (the “State”) filed a complaint against Litchfield and other ...

Excerpt: ...r conclusions of law asserted in connection with the 1 st and 2nd causes of action. The motion to strike is granted as to the SAC's remaining requests for punitive damages and the request for attorneys' fees, and denied as to any remaining “conclusions of law.” A. Demurrer Defendants HOA Premier Management (“Premier”), 1424 Amherst Avenue Owners Association (“Association”), Allstate HOA Management (“Allstate”), Ben Bar (“Bar”)...

Excerpt: ...and Special Interrogatories are granted. Supplemental code-compliant responses to the discovery are to be provided within 30 days. Plaintiff's requests for monetary sanctions against Defendant are granted in the reduced total amount of $4,920, payable within 30 days. Three discovery motions are presently before the Court. Plaintiff Jennifer Hua (“Plaintiff”) moves to compel Defendant Western Asset Management Company, LLC (“Defendant”) to ...

Excerpt: ...Order for Appearance and Examination (“Order”) issued against Shani for lack of personal service pursuant to C.C.P. §708.110(d). Shani moves on the grounds that he was not personally served with the Order despite the 3/26/21 Proof of Service filed by Petitioner and Judgment Creditor Kelly Taslitz Anderson (“Anderson”). (Notice of Motion, pg. 2.) Anderson's 6/3/21 evidentiary objections to the Declaration of Shani are overruled as to Nos....

Excerpt: ...award of attorneys' fees and costs in the total amount of $60,159.60 reflecting $55,696.50 in fees and $4,463.10 in costs. (Notice of Motion, pg. 2.) In reply, Plaintiff requests an additional $39,307.95 in fees and costs incurred since filing the motion. (Supp-Decl. of Gans ¶¶9-11.) Accordingly, the total amount in fees and costs requested is $99,467.55, reflecting $95,004.45 in fees and $4,463.10 in costs. This motion was scheduled for April ...

Excerpt: ... Plaintiffs Richard Higgins (“Richard”) and Mary Higgins (“Mary”) (collectively “Plaintiffs”). (Notice of Motion, pgs. 1-2.) The Court notes the hearing was initially set in Department 57 on May 11, 2021, due to a scheduling error with the Court Reservation System, and subsequently, the Court set the hearing for June 17, 2021, in Department 71. (Reply, pg. 1.) Plaintiffs' June 8, 2021 opposition is untimely, since under C.C.P. §1005(...

Excerpt: ...state a cause of action and is uncertain, ambiguous, and unintelligible. (Notice of Demurrer, pgs. 1-2; C.C.P. §438.) Background On September 27, 2019, Plaintiff, who is acting in pro per, filed her form complaint for a single cause of action of breach of contract against Defendant. On October 11, 2019, the Court received Plaintiff's Proposed Amendment to Complaint purporting to replace Defendant with the “true names” of Felipe Mendez, Abrah...

Excerpt: ...s complaint against Defendant and Defendant Tricia Baak (“Baak”) (collectively, “Defendants”). Plaintiff asserts the Court should hold as a matter of law that Plaintiff was an employee of Defendant during the relevant period and Defendant cannot meet its burden because Plaintiff was misclassified during the disputed period. Plaintiff moves on the grounds that there are no triable issues of material fact regarding the cause of action, and ...

Excerpt: ... Kristina Kutsina (“Kutsina”), and Natalia Teaca (“Teaca”) (collectively “Plaintiffs”) and Defendants Bryan Altman (“Altman”) and The Altman Law Group (“ALG”) (collectively, “Defendants”) (Plaintiffs and Defendants together, “the Parties”) jointly move for approval of settlement pursuant to C.C.P. §708.440. (Motion, pg. 1.) The motion, initially heard as an ex parte application on May 14, 2021, was set for hearing on ...

Excerpt: ...Cross-Defendants HCT Packaging, Inc. (“HCT”) and Jenny Hsu (“Hsu”) (collectively, “Cross-Defendants”) demur to the 11 th (violation of the Computer Fraud & Abuse Act 18 U.S.C. 1030 (“CFAA”)), 12 th (violation of California Penal Code §502 [Comprehensive Computer Data Access and Fraud Act (“CDAFA”)), 13 th (invasion of right of privacy), and 14 th (intrusion upon seclusion) causes of action in the third amended cross-complaint...

Excerpt: ...�� or “Sandpebble 2”). In the alternative, Defendant moves for summary adjudication of the 1 st (breach of contract) and 2 nd (declaratory relief) causes of action in Plaintiff's third amended complaint (“TAC”). Defendant moves on the grounds that the undisputed facts establish Defendant does not owe any additional policy benefits because it paid more on the underlying insurance claim than either Plaintiff or its insured, non-party Sand P...

Excerpt: ...of the status of the arbitration. Defendants Decron Properties Corp. (“Decron”) and NF Moorpark Multifamily Associates, LP (“Moorpark”) (collectively “Defendants”) move to compel arbitration of claims asserted by Plaintiff Jose Paredes (“Plaintiff”) and stay the action pending completion of the arbitration. (Notice of Motion, pgs. 1-2; Motion, pg. 18.) Background On December 18, 2020, Plaintiff filed the instant action against Def...

Excerpt: ...is denied. McLear UK's request for monetary sanctions is denied. Cross-Defendant Esos Rings, Inc. (“Esos”) and Cross-Defendant Michelle Silverstein (“Silverstein”) (collectively, “Esos Parties”) demur to the 2nd (conversion) and 4 th (breach of fiduciary duty) causes of action in the first amended cross-complaint (“FACC”) of Cross-Complainant McLear & Co. (“McLear US”). (Notice of Demurrer, pg. 3.) Esos Parties demur on the gr...

Excerpt: ...art (“Defendant”) demurs to the 1 st (breach of contract) and 2 nd (specific performance) causes of acti1on in the complaint of Plaintiff AOG Equities, LLC (“Plaintiff”). Defendant demurs on the grounds Plaintiff failed to allege sufficient facts to constitute the causes of action given the contract provision at issue is unlawful and accordingly void pursuant to Civil Code §1441 and/or on the grounds of a misjoinder of parties for Plaint...

Excerpt: ...suant to C.C.P. §473(b). Defendant moves to set aside default on the grounds it was entered as a result of his mistake, inadvertence, surprise, and/or excusable neglect. (Motion, pgs. 1-2.) The Court notes that in reply, Defendant cites to authority suggesting the default should be set aside on equitable grounds, pursuant to C.C.P. §473(d); however, the motion was not brought pursuant to C.C.P. §473(d). Plaintiff's request for leave to file a ...

Excerpt: ...li Defendants”) from taking actions as set forth in the Court's April 26, 2021 temporary restraining order (“TRO”). Specifically, Plaintiff seeks to enjoin Defendants from further dissipating or transferring any assets transferred pursuant to the purported Settlement Agreement and Global Release dated July 21, 2020 (“Settlement Agreement”) and from dissipating the proceeds of any assets already transferred pursuant to the Settlement Agr...

Excerpt: ...lawsuit pursuant to Code of Civil Procedure § 473(b). Defendant argues that this relief is warranted because he never received notice of Plaintiff Rodulfo Sandoval's (“Plaintiff”) motion for default judgment and he further states that complications of a surgery along with COVID- 19 restrictions have made it difficult for him to defend against this lawsuit. While a copy of the proposed answer was not initially included in Defendant's motion, ...

Excerpt: ...efendant is ordered to pay arbitration fees in the amount of $8,666 and costs in the amount of $447.29 within 30 days. Plaintiffs Wilber Gomez Diaz and Ashley Marie (“Plaintiffs”) move the Court to Compel Defendant Tricolor California Auto Group, LLC dba Ganas Auto (“Defendant”) to pay arbitration fees and to impose discovery sanctions because Defendant materially breached the arbitration agreement when it failed to timely pay the initial...

Excerpt: ...nts FCI Lender Services, Inc. (“FCI”) and Jerry Pikover (“Pikover”) (collectively “Defendants”) move for an order awarding $152,405.00 in prevailing attorneys' fees against Plaintiff Ellie Chappel (“Plaintiff”). (Notice of Motion, pg. ii.) [The Notice of Motion incorrectly refers to the total as $152,504.] The Court notes Defendants filed a Memorandum of Costs in which they seek $2,359.83 in costs as well as the $152,405 in attorn...

Excerpt: ...of the compromise as noted in the ruling, no later than five court days before the next hearing. Petitioner Mourad Bensalem (“Petitioner”) on behalf of Claimant Maya Bensalem (“Claimant”) petitions this Court to approve a minor's compromise in the settlement of the instant action. I. Background Claimant, a minor, by and through her guardian ad litem, Petitioner, filed a Complaint against Defendant Young Men's Christian Association of Metr...

Excerpt: ..., 8, 11, 12, 15, and 16. Defendants' motion for summary adjudication is denied as to 1 st, 2 nd, and 4th causes of action and as to Issues Nos. 3, 6, and 13. The Court does not reach Issues Nos. 10 and 14. Defendants' motion for summary adjudication is granted as to the 3 rd cause of action and as to Issue No. 9. Defendants Robert K. Barth (“Barth”) and Eastwind Financial, LLC (“Eastwind”) (collectively, “Defendants”) move for summary...

Excerpt: ...Yolanda Silva (“Plaintiff”) and dismiss or stay the action pending completion of the arbitration. (Notice of Motion, pgs. 1-2.) Evidentiary Objections Plaintiff's 5/6/21 evidentiary objections to the Declaration of Janelle Aguirre (“Aguirre”) are overruled as to Nos. 1-10. Defendants' 5/12/21 evidentiary objections to Declaration of Plaintiff are overruled as to Nos. 1-3. Background On October 29, 2020, Plaintiff filed the instant action ...

Excerpt: ...the pleadings against Plaintiff George Clifton is granted without leave to amend as to the 1 st cause of action and with 30 days leave to amend as to the 2 nd cause of action. Two motions for judgment on the pleadings are presently before the Court. Defendant Macy's West Stores, Inc. (“Defendant”) separately moves for judgment on the pleadings as to the 1 st (breach of contract) and 2 nd (fraud) causes of action in the complaint of Plaintiffs...

Excerpt: ...y Jacobellis's motion for summary adjudication of the 1st (breach of contract) cause of action in Plaintiffs' second amended complaint is granted. Cross-Complainant Sammy Jacobellis's motion for summary adjudication of the 3 rd (breach of contract) cause of action in the first amended cross- complaint is denied. Two motions are presently before the Court. First, Plaintiffs/Cross- Defendants Vito Jacobellis (“Vito”), George Jacobellis (“Geor...

Excerpt: ...lation of Labor Code §1102.5) causes of action in the complaint of Plaintiff Montgomery Bridges (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the causes of action because Plaintiff did not suffer from any adverse employment actions. (Notice of Demurrer, pgs. i-ii; C.C.P. §430.10(e).) Background of Actions and Allegations On October 15, 2020, Plaintiff filed his complaint against Defendant for viol...

Excerpt: ...resa Owens (“Teresa”) pursuant to C.C.P. §438. (Notice of Motion, pg. 1.) Malipep moves on the grounds that it is entitled to judgment on the pleadings based on the Court's granting of summary adjudication in favor of Malipep on the core issues asserted in both the Malipep Complaint and the Owens Complaint and based on C.C.P. §437c(n)(1). (Notice of Motion, pg. 1.) Although the Notice of Motion does not specify as to which pleadings Malipep...