Excerpt: ... fees against plaintiff and cross-defendant LP Kilts, LLC (“LP Kilts”) and cross-defendants Rick Luthra and Farid Popal. Pertinent Background This action arises out of a dispute between LP Kilts and Slauson over a property in Northridge that LP Kilts leased from Slauson in order to operate a sports bar. LP Kilts contended that Slauson and affiliated parties made false representations to induce it to lease the property and otherwise breached t...

Excerpt: ... placed off calendar. Your hearing date set for June 20, 2022, is continued to the first available date of October 03, 2022, at 10:30 a.m. in Department 1. No need to appear on June 20, 2022. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applie...

Excerpt: ... September 10, 2015 Moving Party: Defendant and Cross-Complainant Ford E.C., Inc. (“Defendant”) Responding Party: Plaintiff Eccono Tree Care (“Plaintiff”) Ruling: Motion granted in part. Costs awarded in the reduced amount of $1,288.01. Background Plaintiff's operative First Amended Complaint alleges as follows. This is a business dispute concerning certain tree work done on the Wilmington Drain Multiuse Project (the “Project”). Ford ...

Excerpt: ...Demurrer overruled in its entirety. Defendant Lisa Fancher (“Fancher” or “Defendant”) demurs to Plaintiff Louis Mayorga's (“Plaintiff”) Order to Show Cause for Contempt filed on January 31, 2020. Pertinent Factual and Procedural Background This case concerns a dispute between Plaintiff and Defendant over royalties due to Plaintiff based on his work in the band Suicidal Tendencies. On August 13, 2019, the Court issued an order on Plain...

Excerpt: ...signed by the Court was a final adjudication as to Siegrist, from which no motion for reconsideration may lie. Plaintiffs Chop Won Park and Bonnie Nguyen (“Plaintiffs”) move for reconsideration of the November 26, 2019 order granting the Section 425.16 Anti-SLAPP motion of defendant David Torres- Siegrist (“Siegrist”). Background This is an action for fraudulent transfer, quiet title, and declaratory relief. Plaintiffs allege as follows. ...

Excerpt: ...rbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code of Civ. Proc. §1281.2, subds. (a), (b).) Under California law, arbitration agreements are valid, irr...

Excerpt: ... for Judicial Notice on the ground that courts may not take judicial notice of the truth of the matters stated therein. The Court grants Plaintiff's Request for Judicial Notice pursuant to California Evidence Code section 452 subdivision (d) as court records. B. Objections The Court sustains FCA's evidentiary objections numbered 1, 2, 3, 4 and 5 to the declaration of Daniel Law. C. Arbitration Agreement There does not appear to be a dispute that ...

Excerpt: ...ng $300,000.00 through a loan for a total purchase price of $565,000.00. (Id. ¶ 6.) Plaintiff and her former husband separated in January of 2016. (Id. ¶ 8) Plaintiff and Defendant began a romantic relationship in 2016, and on June 21, 2016, Defendant moved into the subject property and took over management of Plaintiff's finances, utilities, taxes, legal documents, and mail. (Id. ¶ 10.) Plaintiff had received similar assistance from her forme...

Excerpt: ... meet and confer requirements set forth in Code of Civil Procedure §§ 430.41 and 435.5. (Martin Decl. ¶¶ 3-5; Exhs. A-B.) Demurrer Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In ...

Excerpt: ...ummary adjudication. TENTATIVE RULING Plaintiffs' motion for leave to file a Third Amended and Supplemental Complaint and Defendant's request to continue trial until March 1, 2022 at 10:00 AM, with a Final Status Conference on February 22, 2022 at 10:00 AM, are granted, provided that both parties stipulate to extend the 5-year rule through and including December 31, 2022. Plaintiffs are to file their Third Amended and Supplemental Complaint withi...

Excerpt: ...a proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim aga...

Excerpt: ...ttached as Exhibits 3, 4, 14 to the moving papers) obtained by Plaintiff are true and correct copies of lintonimmigration.com. Defendant and Defense counsel, jointly and severally, are ordered to pay monetary sanctions in the amount of $4,000 within 30 days of this order. Plaintiff's request pursuant to California Rules of Court, rule 3.1306 to introduce testimonial evidence is DENIED. ANALYSIS Plaintiff Immigration Rights Defense Council, LLC (�...

Excerpt: ...court declines to award sanctions. ANALYSIS Legal Standard Interrogatories On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that (1) an answer to a particular interrogatory is evasive or incomplete, (2) an exercise of the option to produce documents under Code of Civil Procedure section 2030.230 is unwarranted or the required specification of thos...

Excerpt: ...and Emergency Preparedness Act (“PREP Act”) confers exclusive federal jurisdiction to the claims; (2) as pleaded, Plaintiffs' Complaint raises a substantial federal question; and (3) federal jurisdiction is present based on the Federal Officer Removal Statute. On March 25, 2021, the Honorable Judge Dale Fischer of the United States District Court for the Central District of California issued an Order remanding the case to the Los Angeles Coun...

Excerpt: ...y may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A state of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP §2031.310(a).) A motion to compel further responses to a request for production “shall set forth specific...

Excerpt: ... into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors . . . .” (Code. Civ. Proc., § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fau...

Excerpt: ...,958.47 in costs, for a total of $60,828.47. Plaintiff Rami Ramez Kranfli (“Plaintiff”) moves for an award of attorney fees and costs against defendant Ford Motor Company (“Defendant”). Background This is a case arising under the Song-Beverly Act (the “lemon law”). Plaintiff alleges that in 2016, he purchased a new Ford C-MAX Energi which contained defects that Defendant was unable to remedy, and that Defendant did not replace the veh...

Excerpt: ...Davidyan Ruling: Motion for summary adjudication granted as to the first, second, third, fourth, fifth, and eighth causes of action. Motion denied as to the sixth and seventh causes of action, and as to summary judgment overall. Cross-Defendants Carlton D. Edwards, Juanita D. Edwards, [1] and Pasadena Community Christian Fellowship Church (“Fellowship”) (collectively, the “Edwards Parties”) move for summary judgment or summary judication ...

Excerpt: ...LLC Ruling: Defendants' motion to set aside entries of default based on section 473, subdivision (b)'s mandatory provision is granted. The responsive pleading(s) should be filed forthwith as separate documents. Defendants are ordered to pay plaintiff $21,062 in attorney fees plaintiff reasonably incurred in connection with this motion. Plaintiff's objection to defendants' reply brief is overruled. Defendants Yuk Sin Yuen and 158 Global Management...

Excerpt: ...es: Plaintiffs Companion Animal Protection Society and Alexis Sandoval Ruling: Motion granted. The Court will set aside Defendants' defaults. Defendants and their counsel are to pay $4,295.50 to Plaintiffs through their counsel within 30 days. Defendants Puppy Heaven, Inc., Ben Eshel a/k/a Ben Ashel, Keren Eshel a/k/a Keren Ashel, Michal Eshel a/k/a Michal Ashel (“Defendants”) move to set aside their defaults and permit them to file a demurre...

Excerpt: ...ng. Defendants AWBCO, LLC and SBS Trust Deed Network (“Defendants”) move to set aside their defaults in this action. Plaintiff Vista Land LLC (“Plaintiff”) opposes. Legal Standards Under Code Civ. Proc. § 473(b), 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,...

Excerpt: ...hin 20 days of this order. Defendant Gerald Platt (“Defendant”) demurs to and moves to strike portions of the second amended complaint (“SAC”) of plaintiff Anna Kristina Becher (“Plaintiff”). SUMMARY OF COMPLAINT AND CASE STATUS Plaintiff alleges as follows. In mid-2016, Defendant took over Plaintiff's financial affairs following Plaintiff's divorce from her husband. Following the divorce, Plaintiff became the sole owner of her reside...

Excerpt: ...nterrogatories 1, 2, 12, 38, 47, 49, 50, 54 and 59 as further set forth herein within 30 days. Plaintiff Saif Hussain (“Plaintiff”) moves to compel further responses to his special interrogatories, set two from defendant Los Angeles Unified School District (“LAUSD” or “Defendant”). Background This is an employment discrimination case. Plaintiff alleges as follows: LAUSD hired him as a supervising structural engineer. He performed his ...

Excerpt: ...r summary adjudication is denied as to the first and second causes of action, and granted as to the third and fourth causes of action. Defendant Sarah Stuppi (“Defendant”) moves for summary judgment or summary adjudication as to Plaintiff Courtney Noel Finney's (“Plaintiff”) Complaint as Administrator of the Estate of Nancy Underwood (aka Nancy Westrup). Objections to Evidence Defendant objects to evidence submitted by Plaintiff in suppor...

Excerpt: ...y 6, 2020 sentencing order is extended to January 24, 2022. The request to purge the contempt and the request to modify or purge the sentencing order are denied. Defendants and Judgment Debtors Marina Demirchyan and Grigor Demirchyan (“Defendants”) move alternatively to 1) purge the civil contempt order dated December 17, 2019; or 2) purge the sentencing order issued in February, 2020; or 3) maintain the current stay on the sentencing order u...