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: ...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: ...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: ...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...