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: ...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...