Excerpt: ...ant and one or more alleged tortfeasors or co-obligors was made in good faith. (CCP § 877.6(a).) The notice of motion or application for good faith determination must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed. (CRC Rule 3.1382.) The California Supreme Court in Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, established the standard for det...

Excerpt: ...lf admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to section 2030.300, a party m...

Excerpt: .... Defendants/Cross- Complainants Noushin Abrishami Laaly and Koroush Cyrus Laaly own real property at 166 Little Park Lane, Los Angeles, CA (identified and referenced in grant deeds as Parcel 1, Lot 6 of Tract No. 29831). The easement grants Plaintiffs “an exclusive easement for yard and landscaping purposes” over a portion of the Laaly's property. Haim and Goldsmith filed suit against the Laalys on June 9, 2021. The Laalys then filed a Cross...

Excerpt: ...ke 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”].) “L...

Excerpt: ...lf admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP, § 2017.010.) Service of a proper deposition notice obligates a party or “party-affiliated” witness (officer, director, managing agent or employee of party) to attend and testify, as well as produce any document, electronically stored information, or tangible thing for inspection and copying. (CCP § 2025.280(a).) If, after ser...

Excerpt: ...on or proceeding. (CCP, § 437c(a).) “The purpose of the law of summary judgment 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 aff...

Excerpt: .... Defendants/Cross- Complainants Noushin Abrishami Laaly and Koroush Cyrus Laaly own real property at 166 Little Park Lane, Los Angeles, CA (identified and referenced in grant deeds as Parcel 1, Lot 6 of Tract No. 29831). The easement grants Plaintiffs “an exclusive easement for yard and landscaping purposes” over a portion of the Laaly's property. Haim and Goldsmith filed suit against the Laalys on June 9, 2021. The Laalys then filed a Cross...

Excerpt: ... Trespass/ Wrongful Eviction; (7) Intentional Infliction of Emotional Distress; (8) Violation if Unruh Civil Rights Act; (9) Violation of the Ralph's Civil Right Act; (10) Violation of the Unfair Competition Law; (11) Violation of California Constitution, Article I, Section 1; (12) Violation of Civil Code § 789.3(b); (13) Breach of Quiet Enjoyment; (14) Breach of Implied Covenant of Good Faith and Fair Dealing; (15) Abuse of Process; and (16) Vi...

Excerpt: ...ure the orderly administration of justice. (CCP §§ 128, 187; Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th 953, 967 [“It is also well established that courts have fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation before them.”].) Moving Defendant does not notice any particular authority for this stay request. ANALYSIS Defendant Michael K. Norris, co-Trustee of Norris ...

Excerpt: ... (CCP § 473(b).) A motion for discretionary relief must be made “within a reasonable time but in no instance exceeding six months after the judgment, dismissal, order, or proceeding was taken.” (Id.) If discretionary relief is granted, the court may in its discretion order the moving party to pay the costs, including attorney fees, incurred in obtaining the default. (Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816, 823; Vanderkous v. C...

Excerpt: ...t 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 acti...

Excerpt: ...y accusation at a volume calculated for shoppers and employees to hear that Plaintiff had stolen $100,000 from Defendant (the “False Accusation”). The complaint states a single claim for defamation/slander. On April 6, 2022, Haghani filed a cross-complaint against Ghermezi, alleging causes of action for breach of contract, intentional misrepresentation, concealment, false promise, conspiracy, recission, a violation of Business & Professions C...

Excerpt: ...h 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 n...

Excerpt: ...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 claim again...

Excerpt: ...CP § 473(b).) A motion for discretionary relief must be made “within a reasonable time but in no instance exceeding six months after the judgment, dismissal, order, or proceeding was taken.” (Id.) If discretionary relief is granted, the court may in its discretion order the moving party to pay the costs, including attorney fees, incurred in obtaining the default. (Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816, 823; Vanderkous v. Conl...

Excerpt: ...a Holdings, LLC by October 24, 2022, as outlined in defendant's IDC Statement. The Court further ordered that counsel for defendants, Stacy Knox, would provide “detailed notice of all outstanding supplemental discovery responses owed to defendant, due by 10/24/22.” LEGAL STANDARD In the absence of contrary court order, a civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, tha...

Excerpt: ...f a third-party beneficiary contract. On August 18, 2022, Defendants Stephen Smith, Azzurra Homeowners' Association, and Action Property Management, Inc., Harold Sledge, David Robinson, Alexander Drazdov, Brooke Goldstein, Blake Taylor, Jeremy Helfand, Diane Cooper, Steven Brill and Stephen Smith (collectively, “Defendants”) moved to strike the SAC's allegations of an entitlement to an award of punitive damages. Plaintiff filed an opposition ...

Excerpt: ...10.) The application shall be executed under oath and must include: (1) a statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued; (2) a statement of the amount to be secured by the attachment; (3) a statement that the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; (4) a statement that the applicant has no information ...

Excerpt: ...he taking of a deposition, 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 appropr...

Excerpt: ...fore 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 Diego (201...

Excerpt: ...easors or co-obligors was made in good faith. (CCP § 877.6(a).) The notice of motion or application for good faith determination must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed. (CRC Rule 3.1382.) The California Supreme Court in Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, established the standard for determining whether a settlement was...

Excerpt: ...arty 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 notice of mot...

Excerpt: ...n; (2) breach of contract; (3) breach of duty of good faith; (4) quantum meruit; (5) action pursuant to labor code §1784; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) express indemnity; (9) equitable indemnity; and (10) declaratory relief. This suit regards the development of a five-story, multi-family housing facility, consisting of four buildings, for the real property located at 14000-14126 Marquesas Way, Marina Del...

Excerpt: ...signed to shield a defendant's constitutionally protected conduct from the undue burden of frivolous litigation.” (Baral v. Schnitt (2016) 1 Cal.5th 376, 393.) “The anti-SLAPP statute does not insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedure for weeding out, at an early stage, meritless claims arising from protected activity.” (Id. at 384.) “Resolution ...

Excerpt: ...84.010.) The application shall be executed under oath and must include: (1) a statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued; (2) a statement of the amount to be secured by the attachment; (3) a statement that the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; (4) a statement that the applicant has no informat...

Excerpt: ...rely by stipulation of the parties—a prior court order must be obtained. (CRC, Rule 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.) To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing; (2) the party must serve a copy of the mot...

Excerpt: ...a Holdings, LLC by October 24, 2022, as outlined in defendant's IDC Statement. The Court further ordered that counsel for defendants, Stacy Knox, would provide a “detailed notice of all outstanding supplemental discovery responses owed to defendant, due by 10/24/22.” LEGAL STANDARD In the absence of contrary court order, a civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, t...

Excerpt: ...tfeasors or co-obligors was made in good faith. (CCP § 877.6(a).) The notice of motion or application for good faith determination must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed. (CRC Rule 3.1382.) The California Supreme Court in Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, established the standard for determining whether a settlement w...

Excerpt: ...t. Thus, 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...

Excerpt: ...ding, the defects must be apparent on the face of 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 suffic...

Excerpt: ...either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to CCP section 2...

Excerpt: ...self admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to CCP section 2030.300, a p...

Excerpt: ...d” 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 rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) “A motion for judgment...

Excerpt: ...ion. Finally, Defendant Cannaco Research Corporation (“Cannaco”) demurs to the second, third, seventh, and thirteenth causes of action. Plaintiff does not oppose the dismissal of any direct claims against Cannaco. Plaintiff indicates that only derivative claims brought on behalf of Cannaco (as a nominal defendant) will remain. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007)...

Excerpt: ...ants”) demur to the Second Amended Complaint (“SAC”). 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 notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.Ap...

Excerpt: ... wrap covering the exterior of the Vehicle. (Exhibit 2 to the Complaint, the alleged wrap contract with Exotic.) When Thompson returned to Dealer to pick up the Vehicle with the wrap installed, he found that the wrap had alleged defects and damaged the Vehicle. The Complaint alleges six causes of action for 1) breach of contract; 2) breach of contract; 3) declaratory relief; 4) breach of warranty; 5) breach of implied warranty of merchantability;...

Excerpt: ...ional, Inc., dba Ollin Stone (“Ollin”), SCS Flooring Systems (“SCS”), Soka Gakka International (“Soka”) and Does 1 – 50 for (1) products liability negligence; (2) strict products liability; (3) negligence; (4) failure to warn; (5) premises liability; and (6) subrogation. The first, second, third, and fourth causes of action are against defendants Coastal, Ollin, and SCS. The fifth cause of action is against defendant Soka only, and ...

Excerpt: ...ingle cause of action for defamation per se. On November 24, 2021, Defendants filed an Anti- SLAPP Motion seeking to strike 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 plaintiff will prevail on the claim. “The anti-SLAPP...

Excerpt: ...C; and Westside Residential Holdings LLC. The Complaint states ten causes of action for: 1) breach of contract; 2) breach of implied covenant of good faith and fair dealing; 3) account stated; 4) money lent; 5) unjust enrichment; 6) conversion; 7) fraudulent conveyance; 8) conspiracy; 9) injunctive relief; and 10) quiet title. The Complaint alleges that Plaintiff and Khachtryan executed a written agreement to sell an Armenian company, A.K.R.A.-KO...

Excerpt: ...e case [. . .]¿ The court, on its own motion, may make such an order at any time. [. . .]”¿ (CCP § 598.) “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right ...

Excerpt: ...lowing pertinent allegations. It alleges that Plaintiff, a collection company, does business with certain medical service providers (“Physicians” or “Providers”). These providers “render lifesaving healthcare services to members of [United's] health care service plan, often on an emergency basis.” (Compl., ¶ 6.) Plaintiff purchased reimbursement claims from the Physicians and has the necessary rights and ability to sue to recover the...

Excerpt: ...of or in addition to this sanction, the court may impose a monetary sanction . . ..” (CCP §§ 2030.290(c), 2030.300(e), 2031.300(c), 2031.320(c).) Misuse of the discovery process, which includes disobeying a court order to provide discovery, is conduct subject to sanctions. (CCP § 2023.010(g).) Possible sanctions are: (a) [A] monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that con...

Excerpt: ...re alleged tortfeasors or co-obligors was made in good faith. (CCP § 877.6(a).) The notice of motion or application for good faith determination must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed. (CRC Rule 3.1382.) The California Supreme Court in Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, established the standard for determining whether ...

Excerpt: ...he was injured by an elevator door that closed onto her with unusual speed, and that Defendants were responsible for the maintenance and operation of that elevator. LEGAL STANDARD Generally, “a deposition examination of the witness by all counsel… shall be limited to seven hours of total testimony. The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, ano...

Excerpt: .... (Brumley v. FDCC California, Inc. (2007) 156 Cal.App.4th 312, 318.) For purposes of the 5-year statute, an action is “brought to trial” when the jury is sworn or, in a nonjury trial, when the first witness is sworn. (Hartman v. Santamarina (1982) 30 Cal.3d 762, 765.) Dismissal is mandatory if the requirements of section 583.310 are not met and an exception provided by statute does not apply. (Martinez v. Landry's Restaurants, Inc. (2018) 26...

Excerpt: ...t motion for pre- judgment attorneys' fees, interest and costs. 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 left to the agreement, express or implied, of the parties.¿(CCP § 1021.) The prevailing party on a contract, which specifically provides for attorney fees and costs inc...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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...

Excerpt: ...act; 3) unjust enrichment; 4) breach of fiduciary duty of loyalty; 5) breach of fiduciary duty of reasonable care; 6) breach of contract; 7) conversion; 8) inducing breach of contract; 9) false advertising; 10) unfair competition; and 11) alter ego. The Complaint alleges that Pine Street Real Estate LLC (“PRSE”) assigned all of its claims against Defendants to Plaintiff on October 2, 2017. PSRE and Blankspaces LLC were both members of a third...

Excerpt: ...and (2) Declaratory Relief. Plaintiff alleges that Focus violated the CC&Rs on August 12, 2020, by demolishing an existing single-family residence on the subject Property without first obtaining approval from the Architectural Committee and/or the HWPOA, as required by the 1975 Extension and the Guidelines. Further, Plaintiff alleges that the Project does not comply with the setback requirements of the CC&Rs. On January 29, 2021, Focus filed a cr...

Excerpt: ...iling 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 notice...

Excerpt: ... Plaintiff alleges that on November 5, 2018, she was injured by an elevator door and that Defendants were responsible for the maintenance and operation of that elevator. LEGAL STANDARD In the absence of contrary court order, a civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter either is its...