Excerpt: ...representation; (5) breach of agreement; (6) declaratory relief; and (7) injunctive relief. Kalnel Gardens alleges that in connection with the February 26, 2016, sale and transfer of real property commonly known as 8655 Washington Boulevard, Culver City, California 90232 (the "Subject Property”), Kalnel Gardens entered into a Lessor Estoppel Certificate which provided that the lease that Kalnel Gardens was about to assume as landlord was curren...

Excerpt: ...; MM of Vegas Retail, Inc; MMNV2 Holdings I, LLC, MMNV2 Holdings V, LLC; MMOF Fermont Retail, Inc.; MedMen NY, Inc.; MME Florida LLC (collectively, the “MM Entity Defendants”); Adam Bierman; Andrew Modlin, and Does 1 through 25, alleging eight causes of action for: (1) Breach of Contract – Demotion; (2) Breach of The Implied Covenant of Good Faith And Fair Dealing; (3) Breach of Contract – Termination Without Cause; (4) Breach of Contract...

Excerpt: ... relief and damages, and (2) violation of Business and Professions Code section 17200. MRT alleges that in 2001, John Paul DeJoria sold twelve parcels of coastal and canyon land to MRT for $1,000,000. (Cross-Compl. ¶¶ 7-9.) The land was appraised for $13,000,000 and the remaining $12,000,000 value was donated to MRT. (Id. ¶ 9.) DeJoria included a conservation easement, binding on all future owners, that would preserve the property as open spac...

Excerpt: ...ith the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. [or] (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.” (Code Civ. Proc., § 430.41(A) & (B).) A demurrer for sufficiency tests whether the complaint alleg...

Excerpt: ...r.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the party must also file a declaration noting that he or she “met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. [or] (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring...

Excerpt: ...perties USA, Inc., Staples Construction, Inc., and Does 1 – 100, for (1) nuisance, (2) intentional trespass, (3) negligent trespass, (4) negligence, and (5) elder abuse. Plaintiffs allege they are the owners of the property located at 1220 24th Street, Santa Monica, CA 90403, and that they are in possession and control of that real property consisting of two single family houses, a duplex, and four garages. (Compl. ¶ 2.) Plaintiffs further all...

Excerpt: ...ach of contract, negligence, breach of express and implied warranties, intentional misrepresentation and negligent misrepresentation, Petitioner initiated arbitration proceedings against RTC. On September 22, 2016, this Court granted an order permitting ADR Services, Inc. to administer the arbitration proceedings. (See Ex. C. to Motion.) After arbitration, the arbitrator found in favor of Petitioner against RTC in the amount of $829,235.09, plus ...

Excerpt: ...2) liability under Government Code § 820.21; (3) intentional infliction of emotional distress; (4) intentional infliction of emotional distress; (5) unlawful seizure pursuant to 42 U.S.C. § 1983; (6) violation of civil rights pursuant to 42 U.S.C. § 1983; (7) due process pursuant to 42 U.S.C. § 1983; and (8) Monell related claims. On April 26, 2018, The County of Los Angeles and Department of Children and Family Services (DCFS) filed a notice...

Excerpt: ...ts argue that they are entitled to a stay based on due process protections under the Fifth Amendment to the United States Constitution. REQUEST FOR JUDICIAL NOTICE Defendants request judicial notice of Exhibits A – D. Exhibits A – C are executive actions and are judicially noticeable. Exhibit D is this Court's minute order of July 1, 2020, which is judicially noticeable as a court record, but not for the truth of its contents. (See In re Vick...

Excerpt: ...y Esagoff as Trustees for The Abbey and Mojgan Esagoff trust with 20 days leave to amend. On December 7, 2019, Plaintiffs filed the first amended complaint (FAC). Defendants Moghadam and 621 Rodeo Drive LLC filed a demurrer to the FAC on January 9, 2020. On March 6, 2020, without leave of the Court, Plaintiffs Mojgan Esagoffand Abbey Esagoff filed a SAC for negligence against Defendant 621 Rodeo Drive LLC and Does 1 – 50. On the same day, Plain...

Excerpt: ...nts (“Twitter” or “Defendants”) filed their 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 resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the part...

Excerpt: ...��Plaintiffs”) bring a complaint against Defendants Homeland Insurance Company of New York ("Homeland"), and Does 1-10 for breach of contract and breach of the implied covenant of good faith and fair dealing. Plaintiffs also bring separate claims for breach of contract and breach of the implied covenant of good faith and fair dealing against Defendants Mercury Casualty Company ("Mercury") and Does 11-20. Mercury and Homeland are Plaintiffs' all...

Excerpt: ...s to enter into unlawful non-compete agreements, which prevent competing hotels from lawfully competing for talent within the industry. Cross-Complainants also allege that Cross- Defendant Belvedere Hotel Partnership's practice of bullying and harassing employees and threatening and taking wildly inappropriate legal action is an unfair labor practice under the Unfair Competition law and that these actions have damaged Cross-Complainants. LEGAL ST...

Excerpt: ...es that the parties arbitrated their dispute on July 18, 2019. The arbitrator was Mark Fleischer, Esq., and he issued an award on January 24, 2019 in favor of petitioner in the amount of $438,002.45. The petition also states/alleges, “[o]ther parties under the agreements filed an arbitration against Eagle Films (Eagle). Eagle filed a counterclaim against Respondent to recover any sums awarded against Eagle. The Final Arbitration Award to be enf...

Excerpt: ...e Court granted Defendants Cedars-Sinai Medical Care Foundation and Cedars-Sinai Medical Center's motions for summary judgment. At the end of the June 4, 2019 hearing, the Court set a final status conference for June 29, 2020, and a trial date for July 6, 2020 based on Counsel's request for a later trial date. MOTIONS Three separate defendants have filed separate motions to dismiss this case for failure to prosecute. Plaintiff filed a joint oppos...

Excerpt: ...red against Defendant on September 16, 2019. Default Judgment was entered October 18, 2019. Defendant filed a motion to set aside the default judgment on December 19, 2019. On June 29, 2020, defendant filed an amended notice of motion as well as a reply entitled “Opposition to Defendant Motion to Set Aside.” On July 2, 2020, Defendant filed an opposition to the amended motion. LEGAL STANDARD Under Code of Civil Procedure, section 473(b), an a...

Excerpt: ...The Estate” or “Defendant”) and Does 1 -50 for breach of contract. The complaint alleges that “[o]n February 17, 2012, Tohme filed a lawsuit against the Jackson Estate (Los Angeles Superior Court Case No. SC115988) asserting causes of action for breach of contract, accounting and declaratory relief and seeking compensation for his valuable services in accordance with the terms of his agreements with Michael Jackson.” (Compl. ¶ 9.) “O...

Excerpt: ...oss-complaint against 632 N Palm Drive, LLC (“632” or “Palm” or “Cross-Defendant”); Michael Cohan, Russel Allen Linch, RAL Designs and Management, Inc. and Roes 1-10. The Cross-Complaint alleges 12 causes of action for: 1. breach of contract; 2. breach of the implied covenant of good faith and fair dealing; 3. intentional misrepresentation 4. in the alternative, negligent misrepresentation; 5. common count: account stated, open book a...

Excerpt: ...rty located at 1225 Armacost Ave, Unit 105, Los Angeles, CA 90025 (the “Property”). Plaintiff alleges that the property is currently owned by Plaintiff Fiona Dearing as an individual. Plaintiff alleges that she acquired title to the Property from Thomas and Jaclyn Aronson by a Grant Deed recorded on August 29, 2013. Plaintiff conveyed the Property to herself as trustee of the Dearing Trust by Quitclaim Deed recorded on October 18, 2017. On �...

Excerpt: ...aint. Plaintiff obtained leave to file a third amended complaint and filed and served that complaint on September 4, 2018. The third amended complaint contains five causes of action for: (1) breach of contract; (2) breach of fiduciary duty; (3) misappropriation of trade secrets under CUTSA; (4) violation of the UCL; and 5) intentional interference with prospective economic relations. On February 25, 2020, filed a motion for leave to file a fourth...

Excerpt: ...e TIC #22, LLC, Centerpointe TIC #23, LLC, Centerpointe TIC #24, LLC, Centerpointe TIC #25, LLC, Centerpointe TIC #26, LLC, Centerpointe TIC #27, LLC, Centerpointe TIC #29, LLC, Centerpointe TIC #30, LLC, and Centerpointe TIC #31, LLC (collectively “Centerpointe Plaintiffs”) filed a complaint against Defendants Vereit, Inc. FKA American Realty Capital Properties, Inc., (“Vereit”); Vereit Operating Partnership, L.P.; EFA Asset Management, ...

Excerpt: ...ry Bautzer and the spouse of Defendant Goldman was diagnosed with cancer. Plaintiffs are the brother and father of the late Johanna Goldman. Plaintiffs allege that Defendant was unable to pay the medical expenses for the treatments required to fight the disease or for decedent's funeral. Plaintiffs allege that Defendant Goldman promised to pay back Plaintiff Zachary Bautzer through the proceeds of the sale of Defendant Goldman's house in Californ...

Excerpt: ...he implied covenant of good faith and fair dealing, (4) promissory fraud, (5) retaliatory eviction; (6) violation of civil code section 1950.5, and (7) conversion. This case was dismissed on a motion for terminating sanctions. On June 28, 2019, Defendant filed a motion for attorney's fees under Code of Civil Procedure §§ 1032, 1033.5, 1717, and CRC Rule 3.1700(a). Defendant seeks $171,585 in attorney's fees based on a rate of $450 per hour for ...

Excerpt: ... (3) violation of Santa Monica Municipal Code § 1890; and (4) breach of contract. Cohen alleges that Cross-Defendant owns the premises located at 746 Marine Street, in the City of Santa Monica. (X-C ¶ 3.) Cohen further alleges that “Cross-Complainant has been subjected to Cross-Defendants' use, or threats to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the Cross-Complainant's quiet enj...

Excerpt: ...ocumented the settlement in a fully executed Short Form Agreement. The short form agreement called for the entry of a stipulated judgment against Oren in the amount of $11,000,000.00 following the execution of a further, Long Form Agreement. Silverlake argues the Oren has refused to finalize the Long Form Agreement. Silverlake argues that the Short Form Agreement expressly provides that it may be enforced pursuant to California Code of Civil Proc...