Excerpt: ..., negligent misrepresentation, unjust enrichment and disgorgement, unlawful contracting in violation of Business & Professions Code § 7159, and fraud by misrepresentation. Robertson demurs to the second through the eighth causes of action. 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 liberall...

Excerpt: ...ng or via 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 c...

Excerpt: ...16, 2016, Beverly Spalding Court Homeowners' Association, a nonprofit mutual benefit corporation, Frederick “Gordon” Gelfond, an individual, Earl “Richie” Jones, an individual, Pascal Landi, an individual, Inner Gardens, Inc., a California Corporation (Doe 1). The current Second Amended Complaint states seven causes of action for (1) negligence, (2) breach of fiduciary duty, (3) premises liability, (4) nuisance, (5) intentional infliction...

Excerpt: ...nt is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty...

Excerpt: ...el Air Road, Los Angeles, California, 90077 (the “Property”). Plaintiff Ganesh Bel Air LLC is “involved” in the development of 908 N. Bel Air Road into a single-family residence. Plaintiffs hired Defendants to certain perform design, engineering, and constructing work on the Property. That work was substantially completed in October 2018. Within 3 years, Plaintiffs discovered that the Property sustained damage caused by latent constructio...

Excerpt: ...including $1,000 in gold coins; and (3) Duress for Improper abusive treatment of Plaintiff's mother. On September 7, 2022, Defendant filed the instant anti-SLAPP motion against the Complaint. LEGAL STANDARD Code of Civil Procedure section 425.16 permits the Court to strike causes of action arising from an act in furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes that there is a probability that the p...

Excerpt: ...ver a party if there has not been proper service of process. (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” (Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that ...

Excerpt: ...purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. 2) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. 3) the allegations and other factual contentions have no evidentiary support; 4) the denials of factual contentions are not wa...

Excerpt: ...ed a first amended complaint (FAC) against Defendant Leslie Gail and Le Sangreal, for (1) breach of written contract (2) declaratory relief to clear record title, (3) nuisance, (4) intentional interference with contract, (5) intentional interference with prospective economic advantage, and (6) intentional misrepresentation of fact. The Court sustained a prior demurrer to the FAC on the grounds that the fourth, fifth and sixth causes were barred b...

Excerpt: ...o cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of ...

Excerpt: ...n April 2021, Plaintiff SMC Specialty Finance, LLC (“SMC”) filed this declaratory relief/breach of contract suit against Defendants Han Sangping, Alex Zhang, Zhengfu Pictures Ltd., Beijing Zhumeng Qiming Culture & Art. Co., Ltd. (“BZQCA”), and Golden Title Investments Ltd. The suit arises from financing and distribution agreements for two World War II films, Greyhound and Destroyer. The Court previously considered a preliminary injunction...

Excerpt: ...is granted pursuant to Evidence Code § 452(d), (h). “In this state a receiver may be appointed only as permitted by Code of Civil Procedure section 564.” Barclays Bank of California v. Superior Court (1977) 69 Cal.App.3d 593, 597. Section 564 provides twelve instances in which a court may appoint a receiver. Relevant here: the court may appoint a receiver (1) In an action. . . by a creditor to subject any property or fund to the creditor's c...

Excerpt: ...ike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP §§ 436(a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].) “...

Excerpt: ...aintiffs filed a motion seeking an award of prevailing party attorney's fees in the amount of $100,458.50 and costs in the amount of $1,600.15, which were costs that were excluded from the Memorandum of Costs. No opposition was filed. LEGAL STANDARD With respect to attorney fees and costs, unless they are specifically provided for by statute (e.g., CCP §§ 1032, et seq.), the measure and mode of compensation of attorneys and counselors at law is...

Excerpt: ...plained of, either for a limited period or perpetually. 2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. 3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of ano...

Excerpt: ...m of costs after judgment. On July 28, 2021, Respondent filed a motion to tax costs. On February 4, 2022, Petitioner withdrew its memorandum of costs after judgment, and filed a notice of non-opposition of the motion to tax, arguing the motion was moot. On February 10, 2022, the Court took the motion off calendar due to the withdrawal of the memorandum of costs. On June 10, 2022, Petitioner filed the instant motion for pre‐judgment attorneys' f...

Excerpt: ... 1) breach of agreement; 2) fraud; and 3) accounting. On April 4, 2022, Defendants filed a demurrer against the FAC. 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. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial ...

Excerpt: ...through the duration of the COVID-19 pandemic. Plaintiff brought seven causes of action for Private Nuisance, Public Nuisance, Trespass, Intentional Infliction of Emotional Distress, Negligence, Unjust Enrichment, and Violation of Business & Professions Code §§ 17200, et seq. On August 13, 2020, Plaintiff served PBVB at 1352 Palms Blvd., Venice CA (real property owned by PBVB) through an employee. PBVB filed no responsive pleading. On September...

Excerpt: ...his health is “such that preference is necessary to prevent prejudicing the party's interest in the litigation.” (CCP § 36(a), (c)(2).) In contrast to minor plaintiffs, trial¿priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the¿extent¿of that party's interest and find as a matter of fact the risk posed of that party's death or incapacity if¿trial¿is delayed. (CCP �...

Excerpt: ...perty. Plaintiff states two causes of action seeking to enforce the Governing Documents and enforce fines levied on Defendant. On May 31, 2022, Defendant moved for a protective order limiting inspection of his property. Plaintiff opposes the motion. LEGAL STANDARD Where good cause is shown, courts may enter protective orders limiting discovery. (See CCP §§ 2019.010, 2019.030.) “The court, for good cause shown, may make any order that justice ...

Excerpt: ...mmon count for services rendered. Generally, Plaintiff alleges that he owned, operated, and produced music for a Seattle based internet recording service company, Five Guys with Laptops (FGWL). In April 2016, Plaintiff's agent negotiated an agreement with UMPG. According to Plaintiff, UMPG agreed to acquire all FGWL assets including recording equipment, studio leases, music licenses, copyrights and personal services contracts of several musicians...

Excerpt: ...ilure to Reimburse All Necessary Business Expenditures; and 3) Failure to Provide Sick Leave. (Labor Code, §§ 246, & 247, 351, 2802.) Plaintiff alleges that she worked for Defendant at their Santa Monica location from May 2019 through approximately December 2019. Defendant violated the above Labor Code sections by improperly deducting tips, failing to reimburse employees for necessary business expenditures, and by failing to provide sick leave....

Excerpt: ...endant bears the burden of proving “new matter” and, as such, must be specifically pleaded in the answer. (California Academy of Sciences v. County of Fresno (1987) 192 Cal.App.3d 1436, 1442.) “The phrase ‘new matter' refers to something relied on by a defendant which is not put in issue by the plaintiff.” (Walsh v. West Valley Mission Community College District (1998) 66 Cal.App.4th 1532, 1546.) Where the answer sets forth facts showin...

Excerpt: ...e made on the grounds that (1) the court “lacks jurisdiction of the subject of one or more of the causes of action alleged” or (2) the complaint or cross-complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (CCP § 438(c).) A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by statute, the ...

Excerpt: ...Code §§ 1101 and 1102, (2) intentional infliction of emotional distress (IIED), and (3) violation of Business & Professions Code section 17200. The SAC generally alleges that the Lycee refused to renew her contract as a teacher because of her political activity and beliefs. 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, ...

Excerpt: ...ies, and requests for production of documents. In particular, the Court ordered LeDuff to provide responses to Oubre's request for production of documents, numbers 1-6 and 23-53. (November 8, 2021 Minute Order, p. 5.) Written responses were due within 10 days, and documents were due within 20 days. (Ibid.) LeDuff was ordered to respond without objection. (Ibid.) On February 2, 2022, this Court considered Oubre's motion seeking issue, evidence, an...

Excerpt: ...or via 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 clai...

Excerpt: ... the pleading or via 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 basi...

Excerpt: ...ndividually and as trustee of the Angela Lundgren Trust dated December 27, 2012; Ronald Wynn and Coldwell Banker Residential Brokerage. Defendants allegedly failed to disclose a City-noticed construction project to Plaintiff in connection with the sale of the Residence, which affected the value of the Residence. The operative first amended complaint asserts four causes of action for (1) breach of contract for the sale of real property; (2) violat...

Excerpt: ...3, 339.) Accordingly, whether an agreement is governed by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971-972 [“California law incorpora...

Excerpt: ...ugh the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has...

Excerpt: ...mandatory injunction); (3) enforcement of equitable servitudes (Damages); (4) removal of lateral support (damages); and (5) nuisance (damages). On March 6, 2019, Plaintiff dismissed the slander of title claim in the complaint. On March 5, 2021, Nu Find Homes, LLC (“Defendant”) filed a motion for summary judgment, or in the alternative, a motion for summary adjudication. The Court granted and denied the motion in part. On July 12, 2022, Defend...

Excerpt: ...8, Plaintiff rented a scooter from Defendant. Plaintiff was assured by Defendants, and each of them, through their promotional materials and on-line materials that the subject electric scooter was in good condition and maintained by Defendants in a safe manner. While riding the scooter, the acceleration throttle malfunctioned, causing the scooter to accelerate uncontrollably. As a result, Plaintiff was unable to control the scooter and was thrown...

Excerpt: ...dants filed a cross-complaint, which seeks equitable indemnity, partial indemnity, contribution, apportionment, and declaratory relief against third parties. Cross-Complainants filed several amendments naming Roe defendants. Roe 1 was named as Studio H20/Pejman. On July 2, 2021, Mariano Espinoza dba ME Concrete was added as Roe 2. Pertinently, on August 19, 2022, Defendants added Roes 3 and 4: Hegoas Construction and Hutchinson Engineering Inc. P...

Excerpt: ...r of subcontractors, including Hartford, Greene, and Anco. Hartford's work primarily related to roofing on the property, Greene's work related to bathrooms and plumbing, and Anco's work related to doors and windows. Smith alleges a number of defects related to the remodel, including roofing, doors, windows, bedrooms, bathrooms, the kitchen, and decks. On August 23, 2022, Defendant/Cross-Defendant/Cross-Complainant Abco and Defendant/Cross-Defenda...

Excerpt: ...f the implied covenant of good faith and fair dealing; 3) common count; 4) failure to pay wages; 5) fraud; 6) violation of Business & Professions Code § 17200; and 7) intentional infliction of emotional distress. The Complaint alleges Plaintiff started working in sales for Solar Forward in 2011, which is a solar system dealer and installer. In 2014, he began working as a sales manager. Plaintiff and Smith agreed on a compensation structure that ...

Excerpt: ...position, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect t...

Excerpt: ... petitioner to the performance of that duty. (California Ass'n for Health Services at Home v. Department of Health Services (2007) 148 Cal.App.4th 696, 704.) “Generally, a writ will lie when there is no plain, speedy, and adequate alternative remedy . . ..” (Pomona Police Officers' Ass'n v. City of Pomona (1997) 58 Cal.App.4th 578, 583-84.) “The petitioner always bears the burden of proof in a mandate proceeding[.]” (California Correction...

Excerpt: ...vailing party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any noti...

Excerpt: ...hus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. Where the motion seeks only a response to the inspection demand, no showing of "good cause" is required. If a party to who...

Excerpt: ... 1021.) The prevailing party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), ...

Excerpt: ...Mobi-C system and the Trial Implant Holder is an unreasonably dangerous device in design. Plaintiffs brought claims against Defendants Zimmer Biomet Holdings, Inc., Zimmer Biomet Spine, Inc., and LDR Spine USA, Inc. for 1) negligence, 2) negligent design, 3) strict products liability – failure to warn, 4) negligent product liability – failure to warn, 5) loss of consortium, 6) wrongful death, and 7) survival action. Defendants move for summar...

Excerpt: ...rts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party conte...

Excerpt: ...ndividuals and entities, including the City of Malibu, a public entity, alleging, among other things, a dangerous condition of public property. The City of Malibu demurs to the fifth cause of action, and moves to strike certain allegations pertinent to the third and fourth causes of action. Plaintiff opposes. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, ...

Excerpt: ... – the 433 South Beverly Glen Boulevard, Los Angeles, California 90024 property (hereinafter, the “Property”). Plaintiff allegedly performed construction services on the Property and eventually got the Property rented. Defendants allegedly interfered with the rental income being generated by the Property thereby breaching various duties. JCTLA has brought a cross-action against Plaintiff. JCTLA alleges that it owns the Property. JCTLA furth...

Excerpt: ...ach of Covenant of Good Faith and Fair Dealing; and (6) Declaratory Relief. On January 3, 2022, Defendants demurred to the second and fourth causes of action. Plaintiff opposes the 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. In a demurrer proceeding, the de...

Excerpt: ... court before amendment. (CCP §§ 473(a)(1), 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . ..” (CCP § 473(a)(1); see CCP § 576.) Policy favors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v. County of San D...

Excerpt: ...rch 16, 2022, Defendant/Cross-Complainant filed a cross-complaint against Plaintiff, Penmar/Palms LLC, and Steven H. Schwartz. Generally, the cross-complaint alleges that Cross- Defendants conspired to unlawfully displace Campos from his rent-stabilized apartment at the Premises using a THP and unlawful notices to quit. The Cross-Complaint alleges fifteen causes of action for: (1) Violation of California Fair Employment and Housing Act, Cal. Gov....

Excerpt: ...nd less expensive means of resolving private disputes. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 8- 9; AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339.) Accordingly, whether an agreement is governed by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Impr...

Excerpt: ... served upon Defendant a written 10-day Notice to Pay Rent or Surrender Possession (“Notice”) via FEDEX, which was sent to the Premises on June 7, 2022. Defendants remain in possession of the Premises contrary to the Lease. The current reasonable rental value of the Premises is $713.06 per day. Plaintiff initiated this lawsuit on July 5, 2022. On July 27, 2022, Defendant filed the instant demurrer. Plaintiff opposes the demurrer. LEGAL STANDA...