Excerpt: ...nity, apportionment of fault, declaratory relief, contribution and negligence and named various contractors and subcontractors as defendants. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Pr...

Excerpt: ...s as a result of the Defendants' failure to utilize reasonable care in the maintenance of their premises.” Smith incorporated the same allegations in her negligence cause of action. Cross-complaints On April 25, 2019, Cross-Complainants Beverly Drive Building, LLC; Golden Triangle Building, LLC; and JDC Investments (hereinafter collectively referred to as the “Beverly Drive Defendants”) filed a cross-complaint against Cross-Defendants Dian ...

Excerpt: ...d if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. [or] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [or] (3) An objection in the response is without merit or too general.” (Code Civ. Proc., § 2031.310(a).) A party filing a motion compel further must “set forth specific facts showing good cause justifying the discovery sought by th...

Excerpt: ..., Acme Clean Air, and Southern California Clean Air, Inc. (“SoCal Clean Air”) for breach of contract, fraudulent concealment, negligence, violation of Civil Code section 1102, violation of Civil Code section 2079, and negligence. On June 1, 2020, defendant SoCal Clean Air, DBA Acme Clean Air(“Acme”) filed a cross-complaint against Marlo Ehrlich asserting the following claims: (1) express indemnity; (2) breach of contract (duty to defend);...

Excerpt: ...THC Industries, LLC (“THC LLC”) (collectively “Respondents”) on the grounds that they are the prevailing parties on the petition to confirm arbitration. Petitioners argue that they are entitled to $84,915.00 for reasonable post-award attorney's fees and $1,953.36 in costs. LEGAL STANDARD “Under the American rule, each party to a lawsuit ordinarily pays its own attorney fees.” (Mountain Air Enterprises, LLC v. Sundowner Towers, LLC (20...

Excerpt: ...ees are reasonable, courts consider the following factors: (1) the number of hours spent on the case, (2) reasonable hourly compensation for the attorney, (3) the novelty and difficulty of the questions involved, (4) the skill displayed in presenting them, and (5) the extent to which the litigation precluded other employment by the attorney. (Aetna Life & Cas. Co. v. City of Los Angeles (1985) 170 Cal.App.3d 865, 880.) PRELIMINARY MATTERS On Febr...

Excerpt: ... action: (1) breach of contract; (2) trespass; (3) aiding and abetting trespass; and (4) unjust enrichment. Defendant Yigitcan Efe demurs to the complaint. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.”...

Excerpt: ...very or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of the Penal Code or information from those records, the party seeking the discovery or disclosure shall file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records, as follows: (1) In a civil action, the written notice sh...

Excerpt: ...te unless the petitioner denies the existence of such an agreement. (b) Set forth the names of the arbitrators. [and] (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.” (Code Civ. Proc., § 1285.4.) The petition must also “name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) A petition...

Excerpt: ...f an express warranty relating to the purchase of a new 2018 Ford F-150 Shelby truck. BASIS FOR SUMMARY JUDGMENT/ SUMMARY ADJUDICATION Defendants Ford Motor Company and Huntington Beach Ford (“Defendants”) seek summary judgment on the basis that: 1. Plaintiff cannot present evidence to prove the necessary elements of his claim for breach of implied warranty under the Song-Beverly Consumer Warranty Act because Ford made a prompt offer to repur...

Excerpt: ...ssex Marina City Club, Does 1 – 100 and Marina City Club Condominium Owners Association (nominal defendant) for breach of fiduciary duty, breach of contract, and accounting. The first cause of action is against the “Director Defendants,” who are identified as defendants Kelliher, Bergmann, Pesce, Rahmati and Bryce. (See FAVDC ¶ 16, p. 11:27.) The second cause of action is against Seabreeze and Essex, while the third cause of action is agai...

Excerpt: ...t. On April 28, 2020, Defendants filed a motion to vacate the default and any default judgment. An opposition by Plaintiff was filed on September 4, 2020 followed by Defendants' reply on September 16, 2020. An improper sur-reply was filed by Plaintiff on September 18, 2020. The sur-reply was not authorized by the Code or by the Court and will be stricken from the record. LEGAL STANDARD Motion to Set Aside/Vacate Default Under Code of Civil Proced...

Excerpt: ...r Sanctions HEARING DATE: 1/29/2021 DISCOVERY DISPUTE On January 16, 2019, defendant Morris Cerullo World Evangelism (“MCWE “) served Plaintiff with its first set special interrogatories. (Galuppo Decl. ¶ 4, Ex. A.) On March 8, 2019, Plaintiff responded by serving unverified, deficient responses, which did not respond to all of the interrogatories. (Galuppo Decl. ¶ 5, Ex. B.) On March 14, 2019, Plaintiff finally served the verifications to ...

Excerpt: ...egligence. Plaintiff named Jade OPCO, LLC DBA Paramount Building Solutions as Doe 1 on September 3, 2019. (See Doe Amendment.) On October 4, 2019, Bristol Farms filed its operative First Amended Cross-Complaint (“FACC”) against Jade Opco and Roes 1 -25, asserting causes of action for: (1) Comparative Indemnity and Apportionment of Fault; (2) Total Equitable Indemnity; (3) Contribution; (4) Declaratory Relief; (5) Contractual Indemnity (as to ...

Excerpt: ...al property located at 536 Hilgard Avenue Property (“Hilgard Property”). LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e); Young v. Gannon (2002) 97 Cal.App.4th 209, 220.) The court “may consider all material facts pleaded in the complaint and those arising by reasonable implication therefrom; it may not consider contentions, deduct...

Excerpt: ...Defendant filed a demurrer. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a c...

Excerpt: ...ery. Defendants make this motion pursuant to California Rules of Court, Rule 3.1332 and Code of Civil Procedure section 2024.050. While Plaintiff initially opposed this motion, Plaintiff filed a notice indicating that he was withdrawing his opposition to this motion. Therefore, this motion is unopposed. LEGAL STANDARD Granting or denying a continuance is within the Court's discretion. (Schlothan v. Rusalem, (1953) 41 Cal.2d 414, 417.) Each reques...

Excerpt: ...ling, and conversion. Defendant seeks to strike six items of the complaint. This is an action between a former landlord and a former tenant. Plaintiff alleged that Defendant Evan Grayson destroyed his condo. LEGAL STANDARD “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of det...

Excerpt: ...event that any dispute arises related to this Agreement including if the dispute involves the Company, all of your legal fees will be paid by the Company regardless of the outcome of the dispute for your lifetime. In that case, the maximum amount of the benefit on an annual basis will be Five Hundred Thousand U.S. Dollars ($500,000.00), with no carryovers permitted between years (and no consequential impact between or among years), and reimbursem...

Excerpt: ...re that is painful, protracted, or intrusive. [and] (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220(a).). In addition, “A defendant may make a demand under this article without leave of court after that defendant has been served or has appeared in the action, whichever occurs first.” (Code Civ. Proc., § 2032.220(b).). “If a defendant who has demanded a physic...

Excerpt: ...n RX Holding”) (collectively “Defendants”) asserting breach of written lease agreement and breach of a written rolling guaranty of lease. Plaintiffs allege that on September 11, 2019, “Plaintiffs and Defendant TIN RX entered into a Lease Agreement pursuant to which Defendant TIN RX leased the Property from Plaintiffs for the term of ten years and six months.” (Compl. ¶ 16.). Plaintiff alleges that “Defendant TIN RX has breached the L...

Excerpt: ...ismissal by the clerk under Code of Civil Procedure section 664.5 or [2] the date of service of written notice of entry of judgment or dismissal, or [3] within 180 days after entry of judgment, whichever is first.” (CA Rules of Court, Rule 3.1700(a).) Under Code of Civil Procedure section 1033.5(c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurre...

Excerpt: ...tective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.420(a).) “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420(b).) Finally, “[t]he court shall impo...

Excerpt: ... complaint (the “FAC”) on November 9, 2020, alleging twelve causes of action against numerous defendants for: (1) Professional Negligence; (2) Breach of Contract; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) Breach of the Implied Covenant to Perform Work in a Good and Competent Manner; (5) Breach of Fiduciary Duty; (6) Aiding and Abetting Breach of Fiduciary Duty; (7) Fraud and Deceit; (8) Aiding and Abetting Fraud a...

Excerpt: ...ainst Defendant Medical Imaging Center of Southern California, Directed Interventional Surgical Center, Inc. (“DISC”), Gregory Wright, CRNA, and Does 1 – 50. Plaintiffs allege that on June 4, 2018, Plaintiff Travis Barker became a patient of the Defendants for “the purpose of obtaining an MRI and MRI sedation and/or anesthesia services as part of a routine medical workup before setting out on tour with Blink 182.” (FAC ¶ 29.) Plaintiff...

Excerpt: ...for an order compelling Plaintiff The Belvedere Hotel Partnership (“Plaintiff” or “Peninsula”) to comply with its agreements to produce certain documents responsive to Defendants' First and Second Sets of Requests for Production (“RFP”), including but not limited to RFP Set One Nos. 29-31; and RFP Set Two Nos. 36, 38-40, 44, 72, 76, 100, 102-103, 107-108, 113-15, and 118. The Court has held various informal discovery conferences (“I...

Excerpt: ...-complaint that is the subject of the section 128.7 motion. Cross-Defendants argue that ATI's Cross- Complaint asserts frivolous legal contentions, and that it was presented for the improper purposes of harassment, delay, and to increase the cost of litigation costs. On March 11, 2020, the Court sustained Cross-Defendants' demurrer to the Cross- Complaint without leave to amend because the cross-complaint was filed after the statute of limitation...

Excerpt: ...ty is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36(a) [emphasis added]; Fox v. Superior Court (2018) 21 Cal.App.5th 529, 533.) “An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of ...

Excerpt: ...ts with California, and none of the facts of this controversy relate to California. In the alternative, the Defendants sought to have the action dismissed for forum non conveniens. On August 7, 2019, the Court granted specially appearing Defendant Sedrick Hodgens' motion to stay this action on the grounds of forum non conveniens. The Court stayed the action until May 13, 2020 and set a status conference for that date. Plaintiff filed a motion for...

Excerpt: ...iled a first amended complaint containing causes of action for (1) fraud, (2) promissory fraud, (3) breach of fiduciary duty, and (4) unfair business practices. Defendants filed a demurrer to the FAC and the Court overruled the demurrer. (See 4/16/2019 Minute Order.) On January 29, 2020, the Court signed a stipulation and order allowing Plaintiff to file a second amended complaint (SAC). On February 28, 2020, Plaintiff filed a SAC alleging causes...

Excerpt: ...filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10; Young v. Gannon (2002) 97 Cal.App.4th 209, 220. The court “may consider all material facts pleaded in the complaint a...

Excerpt: ...ges that Defendant tried to extort money from him by pretending to be someone else and claiming that she was pregnant. Defendant also allegedly destroyed some of Plaintiff's dress shirts and other personal property. On August 28, 2020, Plaintiff filed a motion to compel further responses to form interrogatories, and requests sanctions. LEGAL STANDARD Interrogatories Code of Civil Procedure section 2030.300 governs motions to compel further respon...

Excerpt: ...mplied covenant of good faith and fair dealing, (3) fraud, (4) violation of the Uniform Voidable Transfers Act (UVTA), and (5) violation of section 17200 of the Business and Professions Code (“UCL”). Defendants demurred to the FAC. The Court overruled the demurrer on uncertainty grounds. (See 3/3/2020 Order at 3.) The Court also sustained the demurrer to the first and second causes of action with leave to amend since it was unclear whether th...

Excerpt: ...ion of any party, the court may grant leave to . . . reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2024.050(a).) When considering whether to exercise its discretion, the Court considers, but is not limited to the following: (1) The necessity and the reasons for the discovery; (2) The diligence or lack of diligence of the party...

Excerpt: ...1) medical malpractice (negligence); (2) gross negligence; (3) medical battery; (4) failure to obtain informed consent; (5) negligent hiring, training, and retention; and (6) intentional misrepresentation/fraud from a breast augmentation and lift which occurred in September of 2018. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for t...

Excerpt: ...efendant Tomlinson convinced him to provide $250,000 to purchase shares in Aslan Pharmaceuticals Pte. Ltd. Plaintiff further alleges that the shares would be nominally issued to Defendant Big Wonder Studios, Inc. and then transferred to Plaintiff. Plaintiff claims that he discovered in 2017 that Aslan went public and that his $250,000 was transferred out of Big Wonder Studio, Inc.'s name and into entities created by Defendant Tomlinson without Pl...

Excerpt: ... on four promissory notes. On August 16, 2019, Defendants Secured Capital Asset Group, LLC, Robert Lame, and James Russell Miller filed a demurrer with a motion to strike to the complaint. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections...

Excerpt: ...an/BCEGZ, and Railcraft (“Opposing Defendants”) filed four separate oppositions. Nadel filed a combined reply. Nadel filed a Cross-Complaint in this case on July 22, 2014 and filed a First Amended Cross-Complaint on May 16, 2016. Nadel seeks to amend the cross-complaint to add specificity and additional facts to the pleadings to clarify its claims against each of the named cross- defendants on the current causes of action. Nadel also seeks to...

Excerpt: ...00,961.00 for Strategic Legal Practices, APC ("SLP"); (2) $61,502.50 for the Law Office of Michael Rosenstein; (3) a 1.35 multiplier enhancement on the attorney fees (or $56,862.23); and (4) $7,500 in connection with time incurred on this motion, the motion for prejudgment interest, and the motion to tax costs, for a total of $226,825.73. While Plaintiff references $262,697.25 in the motion, this amount also includes the costs that are not proper...

Excerpt: ... The second amended complaint (SAC) was filed in December 2019. Plaintiffs alleges six causes of action against Martin Luther King Jr. – Los Angeles (MLK-LA) Healthcare Corporation, Exodus Recovery, Inc., Dr. Cary Gallardo, M.D., Dr. William Wirshing, M.D., Alejandro Haro, R.N., and Doe and manufacturer defendants, including: (1) violation of Elder Abuse and Dependent Adult Civil Protection Act; (2) strict liability – failure to warn; (3) bre...

Excerpt: ... 1, LLC (“PDC”), Cohen Brothers Realty Corporation, and Does 1 – 25 for (1) money had and received, (2) violation of Business and Professions Code section 14245 (Trademark Infringement), (3) violation of Business and Professions Code section 17500, and (4) declaratory relief. The suit arises out of the alleged repudiation of leases between Plaintiffs and Defendants for tenancies at Defendants “Showroom G-166 located on the first floor of ...

Excerpt: ...reeze Management Company, Essex Marina City Club, Does 1 – 100 and Marina City Club Condominium Owners Association (nominal defendant) for breach of fiduciary duty, breach of contract, and accounting. Defendants Neil Kelliher, Peter Bergmann and Louise Pesce filed a Special Motion to Strike on April 13, 2020, staying all discovery in this action. On May 26, 2020, Plaintiff filed an ex parte application for an order to obtain limited discovery t...

Excerpt: ...iolation of public policy, and intentional infliction of emotional distress. Defendant filed a motion to strike. LEGAL STANDARD “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion...

Excerpt: ...otional distress, and (4) violation of Business & Professions Code § 17200, for allegedly failing to renew her employment contract and allegedly discriminating against her based on her conservative beliefs. Defendant Le Lycee Francais De Los Angeles filed a demurrer to the complaint. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for...

Excerpt: ...rom events occurring on July 18, 2018 and the following criminal prosecution of Plaintiff. On January 10, 2020, the City and Officer Adam Hale (mistakenly named as Officer Adam Hall) filed a demurrer to the FAC. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would...

Excerpt: ... of guaranty, (3) claim and delivery, (4) conversion, (5) money lent, and (6) money had and received. On July 22, 2020, Plaintiff filed a motion for summary adjudication. BASIS FOR SUMMARY ADJUDICATION Plaintiff seeks summary adjudication against Defendants on the first cause of action and the second cause of action. (Issues 1 and 2). Plaintiff also seeks summary adjudication on the issue of whether Plaintiff has the right to immediate possession...

Excerpt: ...action. Plaintiff brings this suit as representative of the State of California and the Labor and Workforce Development Agency, and on behalf of herself and other current and former employees. Plaintiff alleges that she worked for Defendant at the Santa Monica location from May 2019 through December 2019. Plaintiff alleges violations of Labor Code §§ 246, 247, 351 and 2802. Plaintiff alleges that Defendant violated these sections by improperly ...

Excerpt: ...contract, and (3) declaratory relief. Plaintiff Rickley alleges that her insurer failed to defend her in Tesoro, et al. v. Rickley, et al., Los Angeles Superior Court, Case No. BC656002, in violation of the insurance policy. LEGAL STANDARD “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for t...

Excerpt: ...or partition, declaratory relief, specific performance, indemnity, breach of contract, breach of fiduciary duty, and equitable reimbursement. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Pr...

Excerpt: ... (2) breach of express and implied warranties, (3) violation of business and professions code, (4) strict liability, (5) negligence, (6) nuisance, (7) enforcement of claim on license bond, and (8) declaratory relief. Plaintiff alleges damages to her property located at 501 Bel Air Road, Los Angeles, California from a storm drain as well as from a sewer project. (See FAC ¶¶ 10, 11, 16- 22.) Plaintiff alleges more than $500,000 in damages. On Oct...

Excerpt: ...ies (NOVEMBER 25, 2020) HEARING DATES: 11/24/2020 and 11/25/2020 DISCOVERY DISPUTE Defendant Bakan Family Trust seeks an order compelling Plaintiff Alexis Henckel to serve verified answers, without objection, to Form Interrogatories (Set Number One), served on Plaintiff Alexis Henckel on February 18, 2020, within twenty (20) days of the hearing of this motion. To date, Plaintiff Henckel has not provided any responses to the form interrogatories. ...

Excerpt: ...o preserve or maintain the utility or performance of the Vehicle or to provide compensation if there is a failure in utility or performance for a specified period of time. The warranty provided, in relevant part, that in the event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver the Vehicle for repair services to Defendants' representative and the Vehicle would be repaired.” (Compl. ¶ 11.) However, Plaint...

Excerpt: ...mitted. Plaintiffs argue that the costs memorandum is untimely. On September 10, 2019, Defendants served a notice of entry of Defendants' request for dismissal of the cross-complaint by overnight mail. (See 9/16/2019 Notice of entry of dismissal.) On September 27, 2019 Defendants filed and served their memorandum of costs and memorandum worksheet by U.S. mail. (See 09/27/2019 Proof of Service.) Defendants seek $42,632.38 in costs. (See 09/27/2019...

Excerpt: ...On May 15, 2018, Plaintiffs Farhad Vojdaniheris, Elnaz Shekari, Zohreh Taghizedah and Barsam Vojdaniheris, a minor by and through his guardian ad litem, Farhad Vojdaniheris, filed an action against Defendants Jhalli and Annie Lam concerning the same automobile accident, which was assigned case number BC706839 (the “Vojdaniheris Action”). Balreet Dyal and Ramandeep Dyal were later added as Doe Defendants to the Vojdaniheris Action. On December...

Excerpt: ...r: (1) assault; (2) premises liability; (3) declaratory relief; (4) equitable indemnity; and (5) contribution. The first cause of action is against Zachary Chitwood and the remaining causes of actions are against Ocean Park Restaurant Corporation, dba The Victorian, Santa Monica R/Restaurant Associates, Inc., and Moes 1 – 10. Cross-Complainant alleges that on January 6, 2018 at the Basement Tavern in Santa Monica, CA, which is located within th...

Excerpt: ...beng, Miko Surgery Center, Lloyd Krieger, Rodeo Drive Plastic Surgery, Inc. (RDPS), Shareholders of Rodeo Drive Plastic Surgery, Inc., The Beverly Hills Surgical Center, Inc., and Does 1 – 10 alleging: (1) medical negligence, (2) failure to obtain informed consent, (3) battery, (4) fraud & concealment, (5) negligent misrepresentation, (6) intentional infliction of emotional distress, (7) negligent infliction of emotional distress, (8) breach of...

Excerpt: ...upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the court's own files or records)...

Excerpt: ... 27, 2020, Specially Appearing Defendant John D. Kaweske and Defendant North Star Holdings, Inc filed a special motion to strike the entire lawsuit. On August 13, 2020, the Court Granted specially appearing John D. Kaweske's motion to quash for lack of jurisdiction. In the FAC, the first cause of action is for breach of contract by Plaintiff Inception Altanova against North Star. The second cause of action is by Richard Acosta, and Eric Clarke fo...

Excerpt: ...d entry of default and the Clerk entered default. On February 10, 2020, Plaintiff Caswell Condominiums, Inc. filed a request for default judgment. On February 20, 2020, the Court granted Plaintiff's request for default judgment. (See 2/20/2020 Judgment.) LEGAL STANDARD Under Code of Civil Procedure, section 473(b), an application for discretionary relief must be made no more than six months after entry of the order from which relief is sought, an...

Excerpt: ..., 2020. On July 17, 2020, Plaintiff served her form and special interrogatories, as wells as her request for the production of documents on defendant Alta Hospital Systems, LLC (“Defendant” or “Alta”). (See 10/16/2020 Fields Decl. ¶ 7; 10/19/2020 Fields Decl. in support of motion to compel initial to special interrogatories ¶ 7; 10/14/2020 Fields Decl.) On August 18, 2020, Defendants' counsel sent a letter to Plaintiff's counsel indicat...

Excerpt: ...in Community Association's Motion for Summary Judgment is DENIED. Plaintiff's Motion for Summary Adjudication of the 1 st through 9 th and 12 th causes of action is GRANTED. Plaintiff's Motion for Summary Adjudication of the 10 th, 11 th and 13 th through 16 th causes of action is DENIED. I. Motion for Summary Adjudication of the 1 st cause of action for quiet title and 12 th cause of action for declaratory relief—GRANTED Under CCP §761.020, t...

Excerpt: ...ccount stated, reasonable value, and breach of personal guarantee. Plaintiff alleges that the parties entered into a contract, attached as exhibit A, on September 18, 2013, and that defendant breached on December 15, 2017 when Defendant failed to pay. Plaintiff does not specify which defendant breached; however, the contract is between Plaintiff and Fizz Vegas LLC. On August 1, 2019, Defendant Michael Greco filed a demurrer. LEGAL STANDARD “Bef...

Excerpt: ...t Defendant breached the contract on May 12, 2019 when he refused to sell the property. (Compl. at 3, item BC‐1(a).) Plaintiff's complaint states that he attached the contract as exhibit A. However, there is no contract attached to the complaint. With respect to the first fraud cause of action, Plaintiff further alleges that on April 20, 2012, Defendant defrauded Plaintiff by making representations of fact that “he would sell the property to ...

Excerpt: ...iley & Kreitenberg LLP, and Does 1 -20 for (1) breach of written contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of the covenant of quiet enjoyment; (4) intentional interference with contractual relations; (5) intentional misrepresentation; (6) negligent misrepresentation; (7) malicious prosecution; and (8) abuse of process. This case arises out of a landlord-tenant dispute related to a proposed marijuana d...

Excerpt: ... (4) breach of fiduciary duty; (5) declaratory relief; and (6) accounting. On January 16, 2020, Plaintiff dismissed Starpoint Properties, LLC. On February 2, 2020, Defendants Peachtree Parkway Properties, LLC, Starpoint Commercial Properties, LLC; and Bahman Farahnik filed a motion to compel arbitration. LEGAL STANDARD A party to an arbitration agreement may seek a court order to compel the parties to arbitrate a dispute covered by the agreement....

Excerpt: ... first amended complaint. Defendants Moghadam and 621 Rodeo Drive LLC filed a demurrer to the first amended complaint on January 9, 2020. On March 6, 2020, without leave of the Court, Plaintiffs Mojgan Esagoff and Abbey Esagoff filed a second amended complaint for negligence against Defendant 621 Rodeo Drive LLC, Fred Bahari Moghadam, and other defendants. On the same day, Plaintiffs filed an opposition to the demurrer to the first amended compla...

Excerpt: ...iolation of the Unfair Competition Law. On March 23, 2020, Plaintiff served Defendant RHC Automotive, Inc. with Plaintiff's Form Interrogatories (set one), Requests for Production of Documents, and Requests for Admissions. Defendant did not provide responses. On June 10, 2020, Plaintiff filed motions to compel initial responses to form responses as well as requests for production set one. Plaintiff also filed a motion to Deem RFAs admitted. On Se...

Excerpt: ...) The Court noted in its terminating sanctions order, “Defendants seem to have abandoned the litigation, and in doing so have ignored a series of valid court orders. In January 2019, Plaintiffs served discovery requests on Defendants, which were subsequently ignored. As a result, Plaintiffs filed discovery motions and after a hearing, the Court ordered Defendants to produce initial discovery responses and pay sanctions, which they have not done...

Excerpt: ...rt Village Operating Company LLC (“Operating Co.” or the “Company”), and Does l-10. In the FAC, the Trust brought claims for breach of fiduciary duty, breach of contract, breach of the covenant of good faith and fair dealing, and declaratory relief against Terramar, and a derivative claim on behalf of the nominal defendant against Terramar. The Trust alleges that it is a minority member of the Company. (See FAC ¶ 1.) Plaintiff alleges th...

Excerpt: ...e Clean Air, Southern California Clean Air, Inc., Expert Decking & Waterproofing, Inc., California Microbial Inspections, Inc., and Does 1 – 20 for: (1) breach of contract; (2) fraud; (3) negligence, (4) violation of California Civil Code section 1102, et seq; (5) violation of California Civil Code section 2078, et seq; and (6) negligence. On April 17, 2020, Plaintiffs filed an amendment to the complaint substituting Doe 1 with Pickford Real Es...

Excerpt: ...d Roes 1 through 50 (“Cross- Defendants”). The first amended cross-complaint (FACC) alleges ten causes of action against Garrett D. Leevers and LitiCourt Corp for: (1) breach of oral contract; (2) conversion; (3) negligence; (4) intentional interference with prospective economic relationship; (5) negligent interference with contractual relationship; (6) breach of fiduciary duty; (7) extortion; (8) misappropriation of trade secrets; (9) trade ...

Excerpt: ...ppraisal, and complete third phase of appraisal process, or in the alternative; (3) compel third phase of appraisal by appointing appraiser. On August 7, 2020, Respondents filed a consolidated opposition styled as a demurrer/opposition. The Court treats Petitioner's motion as a motion to compel arbitration. LEGAL STANDARD “In the absence of any existing contract action, a . . . petition [to compel arbitration] may be filed independently, in whi...

Excerpt: ...es to the Request for Production of Documents by mail. (See Exhibit B to Zakariaie Decl.; see also Reynolds Opp. Decl. ¶ 7.) On October 7, 2019, Plaintiff 632 N Palm Drive, LLC filed a motion to compel Defendant Gold Pacific Construction, Inc. to provide further responses to request for production of documents. LEGAL STANDARD Requests for production of documents Code of Civil Procedure section 2031.310 governs motions to compel further responses...

Excerpt: ...enrichment, and breach of fiduciary duty. Plaintiff alleges that Liu Tong Kuang (“Mr. Liu”) was, at all times relevant hereto, a director of JCTLA. (Id. ¶ 17.) Plaintiff was hired by Defendants “to renovate a home on the Property [at 433 South Beverly Glen Boulevard, Los Angeles, California 90024] and to get it rented and then manage all facets of the Property.” (Id. ¶¶ 16, 18.) Plaintiff further alleges that “Mr. Liu, in his capacit...

Excerpt: ...n Ysidro Dr., Beverly Hills, CA 90210. On February 14, 2020, Proposed Plaintiff-in-Intervention State Farm Fire & Casualty Company filed a motion for leave to intervene. This motion is unopposed. On September 8, 2020, this action was transferred from the Personal Injury Court to Department M in Santa Monica. LEGAL STANDARD For mandatory intervention, Code of Civil Procedure section 387(d) provides that a court shall, upon timely application, perm...

Excerpt: ...tion to Semler's in-house counsel, Evan Bardo. Pelissier argues that Semler's in-house counsel must be vicariously disqualified from acting as counsel in this matter pursuant to Rule 1.9(c). On July 11, 2019, the Court denied Defendant Colette Pelissier's ex parte motion specially set a hearing for the motion to disqualify counsel. LEGAL STANDARD “ ‘A trial court's authority to disqualify an attorney derives from the power inherent in every c...

Excerpt: ...d (3) private nuisance. Plaintiff is a condominium owners association and a nonprofit benefit corporation under the Davis-Stirling Common Interest Development Act. (See Compl. ¶ 2.) On July 10, 2018, Plaintiff amended the complaint to substitute Doe 1 for Global Network Investments, LLC (see 7/10/2018 amendment) and dismissed Cynergy Group Intl LLC without prejudice. (See 08/16/2018 request for and entry of dismissal.) Plaintiff alleges that the...

Excerpt: ...il 5, 2019. The April 5, 2019 complaint was filed by Jeremiah Langer, two minors, Max Langer and Henry Langer. (See Compl.). The Complaint alleges causes of action against Omar Minwalla, The Institute for Sexual Health, and Does 1 -100 for (1) malpractice, (2) “willful and reckless disregard,” (3) negligent infliction of emotional distress; (4) intentional infliction of emotional distress, (5) breach of fiduciary duty; and (6) fraudulent conc...

Excerpt: ...iff's home. Plaintiff alleges that Defendant was intoxicated. Plaintiff and another neighbor allegedly helped Defendant out of the crashed vehicle. Plaintiff also alleges that Defendant was unconscious for about an hour after the accident due to Defendant's intoxication. Plaintiff seeks punitive damages based on defendant's alleged malicious conduct. On June 26, 2020, Brian Lysaght filed a motion to strike. Defendant seeks to strike five items fr...

Excerpt: ...a were requests 1-8. (Id.) The parties agreed to extend the discovery deadlines to facilitate a mandatory settlement conference in December 2019. Defendants served their objections and verified responses on March 2, 2020. (Vu Dec., ¶10, Exs. 11- 16). The parties agreed to extend the deadline to file the motions to compel further from April 16, 2020 to May 25, 2020. (See Vu Decl. ¶ 11.) On May 25, 2020, Plaintiff filed the motions to compel furt...

Excerpt: ...luding but not limited to filing fees. (Code Civ. Proc., §1033.5(a)(1). Under Code of Civil Procedure section 1033.5(c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are subject to section 1033(c)(2). (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) Section 1033.5(c)(4) provides that “[i]tems not ...

Excerpt: ...te Order.) On December 4, 2019, the Court entered default judgment against Defendants. On January 31, 2020, Defendants John Santilli, Aloris Entertainment, LLC, Aloris Magic Mike GP, LLC, and Aloris Magic Mike, LP filed a motion to vacate the default and/or default judgment entered on December 4, 2019 under Code of Civil Procedure section 473. LEGAL STANDARD Under Code of Civil Procedure, section 473(b), an application for relief must be made no ...

Excerpt: ...e are used to reach defects or objections to pleadings that are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (See Code Civ. Proc., §§ 435, 436 & 437.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) “The court may, upon a motion made pursuant to Section 435, or at...

Excerpt: ...ords subpoena served by Plaintiffs. On July 8, 2020, Plaintiffs filed an opposition. On October 14, 2020, Defendant filed a reply. LEGAL STANDARD A subpoena duces tecum for the production of personal records shall be served in sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to locate and produce the records or copies thereof. (Code Civ. Proc., § 1985.3(d).) “Any consumer whose personal records are sough...

Excerpt: ... covenant of good faith and fair dealing; (3) equitable estoppel; (4) Unlawful and unfair business practices under the UCL; (5) wrongful foreclosure; (6) injunctive relief; (7) declaratory relief; (8) fraud; and (9) negligent misrepresentation. The SAC references Plaintiff and Plaintiffs. For consistency, the Court uses “Plaintiff.” LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by tele...

Excerpt: ... hiring, (5) negligent failure to warn or train; and (6) breach of fiduciary duty. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10; Young v. Gannon (2002) 97 Cal.App.4th 209, 220. The court “may consider all material facts pleaded in the complaint and those arising by reasonable implication therefrom; it may not consider contentions, dedu...

Excerpt: ...d on June 20, 2019 by mail. On July 9, 2019, Plaintiffs filed their motion to tax costs. LEGAL STANDARD A prevailing party in litigation may recover costs, including but not limited to filing fees. (Code Civ. Proc., §1033.5(a)(1). Under Code of Civil Procedure section 1033.5(c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are s...

Excerpt: ...in good faith prior to filing the motion, and that sanctions were appropriate against counsel pursuant to California Code of Civil Procedure sections 2023.020 and 2025.420(h). The Court set a hearing on the amount of sanctions for October 16, 2020, and the parties stipulated to a briefing schedule on the issue. On October 9, 2020, Plaintiff filed a declaration in opposition to defendant's declaration regarding the amount of sanctions to be awarde...

Excerpt: ...fenses are: (1) the 30th affirmative defense for the express release and waiver of liability and (2) and the 31st affirmative defense for assumption of the risk. Defendants also seek leave to amend their answer to include defendants SBAR2, Inc., and Elements Behavioral Health, a California Corporation. Defendants filed their answer to the second amended complaint on January 18, 2018. Defendants filed a notice of stay due to bankruptcy on May 29, ...

Excerpt: ...d. On August 7, 2020, Marshall Geller filed a petition to vacate the arbitration pursuant to Code of Civil Procedure section 1286.2, subdivisions (a)(3), (5)-(6). Geller argues that the arbitrator was biased against him under section 1286.2(a)(6). Geller also argues that the arbitrator engaged in misconduct and/or that Geller's rights were prejudiced by the refusal of the arbitrators to hear evidence material to the controversy or by other conduc...

Excerpt: ...ing Jr. – Los Angeles (MLK-LA) Healthcare Corporation, Exodus Recovery, Inc., Dr. Cary Gallardo, M.D., Dr. William Wirshing, M.D., Alejandro Haro, R.N., and Doe and manufacturer defendants, including: (1) violation of Elder Abuse and Dependent Adult Civil Protection Act; (2) strict liability – failure to warn; (3) breach of fiduciary duty – fraud by concealment; (4) professional negligence (medical malpractice); (5) wrongful death; and (6) ...

Excerpt: ...any Inc. (“Hilton”) and Waldorf=Astoria Management LLC (“Waldorf”) (collectively “the Waldorf” or “Defendants”) under Code of Civil Procedure section 128.7. Peninsula argues that sanctions are warranted under section 128.7 because the cross-complaint filed by Defendants for unfair competition (1) lacks evidentiary support, (2) is unwarranted as a matter of law, and (3) was brought for the sole purpose of harassing Peninsula, causi...

Excerpt: ... as the immediate return of the Intellectual Property, the THC trademark and the THC.com domain name. (See Pet. at item 8.) On January 21, 2020, Ramsey Houston Salem, LKP Global Law, LLP, and Ana Montoya (“Petitioners”) filed a petition seeking an order to confirm the arbitration award. The petition states that the parties went to arbitration due to Pineapple Express, Inc., and THC Industries, LLC's (“Respondents”) breach of a merger agre...

Excerpt: ...ool District (“BHUSD”), Atkinson, Andelson, Loya, Ruud & Romo, a law firm and as Attorneys for Beverly Hills Unified School District, Kimberly Ludwin, individually and as Attorney for Beverly Hills Unified School District; DOES 1-25, and others. The TAC contains six causes of action for (1) violation of privacy under the California Constitution and the California Civil Code section 1708, (2) constructive discharge, (3) defamation, (4) neglige...

Excerpt: ...alpractice (negligence); (2) gross negligence; (3) medical battery; (4) failure to obtain informed consent; (5) negligent hiring, training, and retention; and (6) intentional misrepresentation/fraud. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the...

Excerpt: ...lations of Civil Code section 2934a, (3) negligence, (4) breach of contract, (5) quiet title, (6) accounting, (7) violations of Business and Professions Code section 17200, and (8) declaratory relief. LEGAL STANDARD “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” (C...

Excerpt: ...014, Shores, LLC filed a cross-complaint against several defendants but not Redrock. On March 16, 2016, American filed a cross-complaint against Redrock and other defendants. Shores, LLC is not a party to the March 2016 cross-complaint filed by American against Redrock. Cross-Defendant/Cross-Complainant Redrock brings a motion for terminating sanctions, or in the alternative evidentiary and issue sanctions against Defendant Shores, LLC. Redrock a...

Excerpt: ...100 for (1) Medical Malpractice (Negligence); (2) Gross Negligence; (3) Medical Battery; (4) Failure to Obtain Informed Consent; (5) Negligent Hiring, Training, and Retention; and (6) Intentional Misrepresentation/Fraud from a breast augmentation and lift. Defendants were served by substituted service on July 31, 2019. Service by substituted service is made effective on the 10th day after mailing. (See CCP 415.20.). The statements of damages were...

Excerpt: ...l, Stephen Biafora, and S&B Investments, LLC for (1) breach of joint venture agreement, promissory fraud, quantum meruit, and common count. Plaintiffs allege that Schimmel is an attorney. (See Compl. ¶ 5.) Plaintiffs further allege that there was a joint venture agreement arising out of the construction and development of a single-family home at 2218 Glencoe Ave, Venice, CA, and that they were not properly compensated pursuant to their agreement...

Excerpt: ...18. (SAC ¶ 6(a)) Plaintiff Mario Savvides alleges that Defendants Robert Klenner and Toshiko Klenner, as well as Does 1 – 20: (1) breached/repudiated a partially performed contract for the purchase and sale of real property; (2) breached the covenant of good faith and fair dealing; (3) were unjustly enriched; (4) and deceived Plaintiff. On February 1, 2019, the Court struck the second and third causes of action from the SAC as Plaintiff did no...