Excerpt: ...s's Cross-Complaint Moving Party: Defendant Whittier Trust Company (Demurrer); Defendant Matthew W. Markatos (Another Demurrer); Plaintiff/Cross-Defendant Stonebridge Capital Management, Inc. & Cross-Defendants Richard C. Barrett and Debra L. Newman (MJOP) Superior Court of California County of Los Angeles Stonebridge Capital Management, Inc., Plaintiff, Case No. 19STCV35782 v. [Tentative] Ruling Matthew W. Markatos, et al., Defendants. And Relat...

Excerpt: ...dant has 30 days to answer the complaint. Request for Judicial Notice Defendant's request for judicial notice is granted as to the existence of the documents, but not as to the truth of any matter asserted therein. Meet and Confer Defendant has filed a declaration showing compliance with the meet and confer requirements set forth in Code of Civil Procedure section 430.41. (See Declaration of Paul S. Lecky, ¶ 2.) Demurrer Defendant demurs to plai...

Excerpt: ...Ruling: Plaintiff's motion for a TRO and OSC re: preliminary injunction is denied. Preliminary Matters The court rejects plaintiff's late service of this motion as a ground for denying this motion because defendants have shown no prejudice and the motion has been fully briefed. Plaintiff filed two motions with identical labels identifying them as “motions for preliminary injunction.” However, the notices and bodies of the motions identify the...

Excerpt: ...ter, the court rejects plaintiff's assertion that the demurrer should be overruled based on any failure by defendant Ya Ping Wang to give proper notice of the continuance of this hearing. Plaintiff has not shown any prejudice, and this demurrer has been fully briefed. Meet and Confer Wang filed a declaration that meets the requirements set forth in Code of Civil Procedure section 430.41. (See Snow Vuong Decl.) Demurrer Wang demurs to plaintiff's ...

Excerpt: ...t (LAUSD) Ruling: Plaintiff's motion for sanctions is denied in full. Defendant's request for sanctions under CCP 128.7 is granted in the amount of $2,580 for fees reasonably incurred in opposing this motion. Background Plaintiff filed this employment action on July 24, 2017. On August 11, 2017, plaintiff served form interrogatories – employment on LAUSD, including number 216.1, which requested that LAUSD identify the facts upon which it bases ...

Excerpt: ...ve 30 days to answer the complaint. Meet and Confer Defendants Robert Clippinger and Clippinger Investment Properties have filed a declaration that meets the requirements set forth in Code of Civil Procedure section 430.41. (See Jana Moser Decl.) Grounds for Demurrer Defendants demur to each cause of action in plaintiffs' complaint for (1) fraud, (2) negligent misrepresentation, (3) breach of contract, and (4) breach of fiduciary duty. The demurr...

Excerpt: ...osts will be granted in the total amount of $9,506.10 if the court is satisfied with plaintiff's counsel's explanation as to what appears to be improper billing entries included with the amended motion. Plaintiff will be given an opportunity to withdraw its amended motion and proceed on the original motion only. Background This action commenced on January 2, 2019 with plaintiff's filing of a complaint alleging two causes of action under the Song-...

Excerpt: ...bitration and stay this action are granted. Motions to Compel Arbitration Defendants BMW and SMBMW each filed a motion to compel arbitration. Both motions are based on the same agreement, which is between plaintiff and BMW/Mini of Monrovia, which is not a party to this action. The court also notes that plaintiff filed two identical oppositions to defendant BMW's motion, but no opposition to SMBMW's motion. Application of the Federal Arbitration A...

Excerpt: ...otion 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' attorney, Stephen Miller, is ordered to pay plaintiff $20,562 in attorney fees plaintiff reasonably incurred in connection with this motion. Plaintiff's objection to defendants' reply brief is overruled. Defendants move for an order setting aside their...

Excerpt: ... This motion concerns voluminous discovery requests, many of which are not properly the subject of a Pitchess motion. The parties are ordered to meet and confer in good faith and to file a joint statement five court days prior to the next hearing date setting forth the requests that are properly the subject of this motion. The California Supreme Court's decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531 “established that a criminal def...

Excerpt: ...r asserted therein. Defendant's Evidentiary Objections to Plaintiff's Supplemental Declaration Superior Court of California County of Los Angeles Ronald K. Wiggins, Plaintiff, Case No. BC689933 v. [Tentative] Ruling Wells Fargo Bank, N.A., et al. Defendants. Objection 1 is sustained for lack of foundation. Objection 2 is overruled. Objection 3 is sustained for lack of foundation and speculation. Objection 4 is sustained for lack of foundation. Ob...

Excerpt: ...Defendant has 30 days to file an answer to the complaint. Meet and Confer Defendant has filed a declaration showing compliance with the meet and confer requirements set forth in Code of Civil Procedure section 430.41. (See Declaration of Tucker Dowling.) Demurrer Defendant demurs to each cause of action in plaintiff's complaint for: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of section 1793.2; ...

Excerpt: ...nee Thurman Ruling: E&G Property Management Co.'s motion for summary judgment is granted. Brown's motion for summary judgment is also granted. Defendants Floyd Brown Jr. and E&G Property Management Co. filed separate motions for summary judgment, or, in the alternative, summary adjudication of each cause of action in the complaint and plaintiff's claim for punitive damages. Because defendants' motions are made on substantially similar grounds, th...

Excerpt: ...reinstate is granted. Plaintiff's request for attorney fees and costs is also granted in the full amount of $16,998.93, for which amount defendants are jointly and severally liable. Plaintiff moves to reinstate this action in court after defendants refused to pay arbitration fees necessary for the arbitration to proceed. Defendants do not oppose this motion to the extent it seeks to reinstate this action in court. Therefore, the motion is granted...

Excerpt: ... Both defendants' motions to compel arbitration and stay this action are granted. Motions to Compel Arbitration Defendants SAI and BMW each filed a motion to compel arbitration. Both motions are based on the same lease agreement and are addressed below. Application of the Federal Arbitration Act (FAA) Defendants assert that plaintiff's claims are subject to arbitration under the FAA because SAI is an automobile dealership involved in selling and ...

Excerpt: ...key's demurrer is overruled as to the first, second, third, fourth, seventh eighth, and ninth causes of action and sustained with 30 days leave to amend as to the fifth and sixth causes of action. Taskey's demurrer based on uncertainty is sustained with leave to amend to clarify that Roxbury is not a cross-complainant and to identify which cross- complainant asserts the third cause of action for intentional misrepresentation. Meet and Confer Task...

Excerpt: ...d, but reduced from the requested amount of $36,140.01 to what the court deems reasonable, $10,635. Tauscher's motion for attorney fees and costs is granted, but reduced from the amount requested of $69,023.05 to the reasonable amount of $10,635. Anderson Defendants' Motion for Attorney Fees Superior Court of California County of Los Angeles Alex Kyrklund, Plaintiff, Case No. 19STCV26750 v. [Tentative] Ruling Joy Rose Anderson, et al., Defendants...

Excerpt: ... Fees); Plaintiff Anping Zeng (Strike Costs) Ruling: Plaintiff's motion for attorney fees is continued to December 30, 2020 at 8:30 a.m. to allow plaintiff to file supplemental evidence to support an attorney fee award. See briefing schedule within. Defendant's motion to strike costs is also continued to December 30, 2020 at 8:30 to allow plaintiff to file documentation showing expenses incurred for the interpreter's services during trial. Motion...

Excerpt: ...against defendants and their counsel, jointly and severally, in the amount of $3,675. Plaintiff moves for an order deeming requests for admission admitted, all objections to the requests waived, and imposing sanctions on defendants and/or their counsel in the amount of $3,754. Superior Court of California County of Los Angeles Eric Sahakian, Plaintiff, Case No. 18STCV03983 v. [Tentative] Ruling Mercedes, et al. Defendants. Under Code of Civil Pro...

Excerpt: ...otion to compel arbitration is granted. This action is stayed pending the outcome of the arbitration proceeding. Requests for Judicial Notice Defendants' request for judicial notice of the number (59 total) of JAMS employment law arbitrators available in Los Angeles, Century City, and Orange County is granted under Evidence Code section 452, subdivision (h). Defendants' request for judicial notice of the JAMS Employment Arbitration Rules and Proc...

Excerpt: ...Security Services, LLC, Allied Universal Topco, LLC, Irvine Company, The Irvine Company, LLC, Irvine Management Company, Irvine Company Retail Properties, Ali Arasoghli, Navid Adib, and Stephanie Larson Responding Party: Plaintiff La Juana Powers Ruling: The motion to change venue is granted. Defendant's request for attorney fees is denied. Plaintiff's Evidentiary Objections Jill Paley's Declaration Objection 1 is overruled. Peggy Grzywacz's Decl...

Excerpt: ...s Ruling: This court declines to rule on plaintiff's petition for a waiver of arbitration fees. The matter has already been compelled to arbitration such that plaintiff should request such a waiver from the arbitrator. Once a court grants a petition to compel arbitration and stays the action at law, the action at law is abated and the vestigial jurisdiction over matters submitted to arbitration consists solely of making the determination, upon co...

Excerpt: ...istence of the documents, but not as to the truth of any of the matters asserted therein. Background Superior Court of California County of Los Angeles The People of the State of California, Plaintiff, Case No. 19STCV15742 v. [Tentative] Ruling HRB Digital LLC, et al. Defendants. Plaintiff filed its complaint on May 5, 2019, alleging a single cause of action for violation of the Unfair Competition Law and seeking injunctive relief, restitution, a...

Excerpt: ...otion for preliminary settlement is granted. The proposed order, filed on August 13, 2020 will be signed and filed. The initial hearing on this motion took place on July 29, 2020. Due to a discrepancy between the amounts of costs and attorney fees sought in the settlement agreement and the other documents filed in support of this motion, the court continued the hearing to this date to allow the parties to clarify the amounts for which they sought...

Excerpt: ...operative complaint. Defendants move to compel plaintiff to arbitrate all claims in the operative complaint for (1) elder abuse, (2) negligence, (3) violation of Health and Safety section 1430(b), (4) willful misconduct, and (5) wrongful death. Defendants' Objections to Cynthia Robinson's Declaration Superior Court of California County of Los Angeles Harold Wofford, et al., Plaintiffs, Case No. 19STCV38193 v. [Tentative] Ruling AG Lynwood LLC, et...