Excerpt: ...Essence – Penal Code § 422 – Criminal Threats; (4) Tort in Essence – Penal Code § 136.1(b) – Witness Intimidation; (5) Tort in Essence – Penal Code § 518, 519, 524 – Extortion/Attempted Extortion; (6) Stalking; (7) Tort in Essence – Penal Code § 653(f) – Solicitation. LEGAL STANDARD “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under th...

Excerpt: ...ixed term lease. LEGAL STANDARD The meet and confer requirements do not apply to unlawful detainer demurrers. (See Code Civ. Proc., § 430.41(d)(2).) “On or before the day fixed for his appearance, the defendant may appear and answer or demur.” (Code Civ. Proc., § 1170.) 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.A...

Excerpt: ...ct products liability, (2) negligence, (3) breach of warranty, and (4) loss of consortium. This suit arises out of alleged injuries from a “profemur Z hip prosthesis.” Plaintiffs allege that Wright Medical Group, Inc., either directly or through its subsidiaries, “designed, manufactured, distributed and sold in California various orthopedic hardware systems including the Profemur Z hip prosthesis components at issue in this case.” (FAC ¶...

Excerpt: ... (4) removal of Lateral Support (damages); and (5) nuisance (damages). On March 6, 2019, Plaintiff dismissed the slander of title claim in the complaint. Therefore, the second through fifth causes of action remain. Plaintiffs filed a notice of lis pendens on November 25, 2020. On December 21, 2020, Defendants filed a motion to expunge lis pendens. LEGAL STANDARD “At any time after notice of pendency of action has been recorded, any party, or an...

Excerpt: ...aintiff failed to allege sufficient facts to state a cause of action. Defendant also filed a motion to strike. 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...

Excerpt: ...L-NSL- 186T711-6-83, issued by Plaintiff and Cross-Defendant The Travelers Indemnity Company (“Travelers”), with respect to the underlying Indiana Action and the underlying Indiana Site. The at issue provision is commonly known as the “qualified pollution exclusion.” (See Ex. A to Newman Decl. pp. 4-11.) The policy excludes, among other things: H. to bodily injury or property damage arising out of the discharge, dispersal, release or esca...

Excerpt: ...onstruction contract with project owner Cross-Complainant Shores, LLC (“Shores”) to build an apartment complex in Marina Del Rey, California (“Project”). American posted a construction performance bond to provide security for the work to be performed, bond Number 879889 (the “Bond”), issued by Cross-Defendant The Insurance Company of Pennsylvania (the “Surety”). On March 23, 2018, the Court denied the Surety's Motion for Summary A...

Excerpt: ... the motion for judgment on the pleadings . . . for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Code Civ. Proc., § 439(a).) “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself. [Citation.]” (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 877.) A motion for judgment on the ...

Excerpt: ... 13.) Plaintiffs assert claims for battery, the Drug Dealer Liability Act, and negligence. Plaintiffs assert certain defendants are liable based on agency liability and civil conspiracy. 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 t...

Excerpt: ... CA 90401 and another at 1242 10th Street, Santa Monica, CA 90401. Plaintiff filed an action for review of the Santa Monica Rent Control Board's decision as to units within the above-mentioned buildings. On October 6, 2020, Defendant Richard Strom, a tenant of Plaintiff, filed a special motion to strike, seeking to strike Plaintiff 1238 10th Street, LLC's declaratory relief cause of action brought against Defendant. LEGAL STANDARD A special motio...

Excerpt: ...2020. A letter and further information regarding the remote deposition were personally served on Mr. Skiba. Mr. Skiba agreed to appear for the deposition. However, on the date of the deposition, there was no appearance. On January 5, 2021, the Court held a hearing on Defendants' Motion to Compel Mr. Skiba's deposition. The Court granted that motion. LEGAL STANDARD Parties can obtain discovery from nonparties through a “deposition subpoena.” (...

Excerpt: ... of this matter, in the amount of $493,710.63, plus fees and costs in connection with this motion. LEGAL STANDARD “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party spec...

Excerpt: ...s fees. LEGAL STANDARD “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition t...

Excerpt: ... preserve the status quo pending final resolution upon a trial. (See Scaringe v. J.C.C. Enterprises, Inc. (1988) 205 Cal.App.3d 1536.) The status quo has been defined to mean the last actual peaceable, uncontested status which preceded the pending controversy. (14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App.4th 1396. 1402.) Preliminary injunctive relief requires the use of competent evidence to create a sufficient factual showing...

Excerpt: ...s and each of them, did so negligently, carelessly and reckless, own operate, manage, control and maintain the premises, a parking garage, in such a manner a to proximately cause great bodily harm and personal injury to plaintiff.” As to Plaintiff's premises liability claim, Plaintiff alleged “Defendants caused and allowed a dangerous condition to exist on property owned and managed by them in such a way as to proximately cause personal injur...

Excerpt: ...os Angeles, State of California, and Does 75 -100. Plaintiff alleged that “Defendants allowed mosquitoes to breed and thrive at County Marina Del Rey Oxford Basin and plaintiff thereby contracted West Nile Virus.” (FAC ¶ Prem.L-1 at p. 6.) Plaintiff further alleges that this was a dangerous condition of public property. (See FAC ¶ Prem.L-4.(a) at p. 6.) Plaintiff alleges that “The condition was created by employees of the defendant public...

Excerpt: ...t his damages total $71,136.00 from the following: (i) loss of use of property; (ii) general damage; (iii) property damage; and (iv) punitive damages. The complaint contains no other allegations or facts. Defendant demurs on the basis that Plaintiff has failed to allege sufficient facts to state a cause of action for negligence and on uncertainty. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person...

Excerpt: ...very on mechanics' lien release bond; (4) open book account; (5) account stated; and (6) quantum meruit. Plaintiff alleges that Defendants are “the owners, reputed owners, or leasehold owners of the real property located at 28876 Via Venezia, Malibu, California 90265” (Compl. ¶ 3.) Plaintiff alleges that the property burned in the 2018 Woolsey Fire. (Id. ¶ 13.) On January 23, 2020, Defendant Leonard Simonian filed a cross- complainant again...

Excerpt: ...ates Security and Palisades Patrol Services. Plaintiff alleges that Defendants made false statements to the police that resulted in Plaintiff's arrest and criminal prosecution. On September 18, 2020, Defendants Gates Security and Palisades Patrol Services filed this Anti-SLAPP motion, which was later joined by defendant Anthony Gonzales. LEGAL STANDARD A special motion to strike “may be filed within 60 days of the service of the complaint or, i...

Excerpt: ...presentations, omissions, and concealment; and (5) breach of fiduciary duty against defendants Angela Lundgren, individually and as trustee of the Angela Lundgren Trust dated December 27, 2012; Sharon L. Lundgren, individually and as trustee of the Angela Lundgren Trust dated December 27, 2012; Ronald Wynn, an individual; Coldwell Banker Residential Brokerage, a California corporation; and Does 1 through 30. LEGAL STANDARD “Before filing a moti...

Excerpt: ...s.1 -50 for (1) breach of the duty to pay a covered insurance claim, (2) breach of the duty of good faith and fair dealing, and (3) negligence. On December 11, 2020, Defendant MBIC filed a motion for judgment on the pleadings. JUDICIAL NOTICE MBIC requests judicial notice of three documents. Exhibit A is a hearing transcript on a demurrer in case no. 20CV001274, The Inns by the Sea v. California Mutual Insurance Company and includes a signed orde...

Excerpt: ...plaint on March 10, 2020. The court sustained the demurrer in part on September 24, 2020. (See 09/24/2020 Minute Order.) On September 30, 2020, Plaintiff filed a first amended complaint. On October 13, 2020, Adco filed a demurrer with a motion to strike the first amended complaint. On November 16, 2020, Defendant Occidental Chemical Corporation filed a joinder to Adco's demurrer. On February 24, 2021, Plaintiff filed a joint opposition to the dem...

Excerpt: ...of action in the first amended complaint and a motion to strike. Plaintiff filed an untimely opposition. The Court exercises its discretion and considers the untimely opposition. 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 rai...

Excerpt: ...ct (personal guaranty); and (3) declaratory relief. Mapleton loaned defendants Fund IV and Fliptracker $80,000 in April and another $80,000 in August of 2015. (Compl. ¶¶ 10-11.) Mapleton alleged that Defendant Fragoso personally guaranteed repayment of these two notes. (Compl. ¶¶ 12-13.). The first cause of action is against the entity defendants. The second cause of action is against Fragoso and the third cause of action for declatory relief...

Excerpt: ...ries. 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 any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. (3) An objection to an interrogatory i...