Excerpt: ...tion 1209(a)(5) expressly provides the Court with the power to punish “[d]isobedience of any lawful judgment, order, or process of the court.” Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharge of its duties.” (In re Shortridge (1893) 99 Cal. 526, 532.) Contempt committed in the immediate view and presence of the Court may be punished summarily, but contempt committed outside ...

Excerpt: ... April 27, 2022, Defendants filed a demurrer and motion to strike against the SAC. On June 17, 2022, Plaintiff filed a proposed Third Amended Complaint without leave of Court. Plaintiff has otherwise not filed an opposition. 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...

Excerpt: ...ok case”); and 3. Werner, et al., v. Broukhim, LASC Case No. 22SMCV00296 (“Broukhim case”). The Crestbrook case was consolidated with the Werner case on October 7, 2021. On March 23, 2022, the Broukhim case was deemed related and assigned to this Department. On July 1, 2022, the Werners moved to consolidate the Broukhim case with the first two cases. Broukhim opposes the motion. LEGAL STANDARD The trial court is authorized to consolidate pe...

Excerpt: ...ored information, or other things before a court, or at the trial of an issue therein, or at the 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, ...

Excerpt: ...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 sufficient to apprise the defendant of the factu...

Excerpt: ...ili Peppers. Plaintiff is their former personal manager. Defendants terminated Plaintiff on November 4, 2020. Pursuant to a sunset clause in their contract, Defendants were obligated to pay Plaintiff sixteen percent of “gross earnings” derived from songs created/released while Plaintiff represented them for three years following the termination. Six months after the termination, Defendants sold a catalog of songs. Defendants refused to pay Pl...

Excerpt: ...der Code of Civil Procedure § 1013 for type of service); (3) based on new or different facts, circumstances or law than those before the court at the time of the original ruling; (4) supported by a declaration stating the previous order, by which judge it was made, and the new or different facts, circumstances or law claimed to exist; and (5) the motion must be made and decided before entry of judgment. (Code Civ. Proc., § 1008.) The legislatur...

Excerpt: ...merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 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 o...

Excerpt: ...JD”). JC seeks to enter a Nevada judgment in its favor, against JDs, for a total judgment of $37,894.97 (principal judgment of $33,333.33 plus $4,561.64 in accrued interest). LEGAL STANDARD Code of Civil Procedure section 1710.40(a) provides that a judgment entered based on a sister state judgment “may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amoun...

Excerpt: ...021, AG Properties, Inc. and AG Construction filed a Second Amended Cross-Complaint (SACC) against Plaintiffs and several subcontractors, including Cross-Defendant Christine London Ltd., for (1) equitable/implied indemnity; (2) apportionment of fault; (3) declaratory relief; (4) contribution; (5) negligence; and (6) breach of contract. H&R Construction and Surfacing, Inc. filed a Cross-Complaint on February 9, 2020, asserting claims for (1) equit...

Excerpt: ...roadband internet service equipment. Shortly after the equipment was installed, Plaintiffs started experiencing headaches, dizziness and fatigue while in their apartment. Defendants have failed to remedy the issue. The Complaint alleges five causes of action (1) private nuisance; (2) breach of warranty of habitability; (3) statutory violation; (4) negligent infliction of emotional distress; and (5) disability discrimination and violation of Gover...

Excerpt: ... Malibu, CA 90265. Defendants approved a total amount of $192,892.50 under the contract. Ultimately, Defendants failed to perform according to the contract. The parties represent that the dispute was resolved via binding arbitration, held on July 14, 2021. Defendants failed to appear at the arbitration and the hearing proceeded in their absence. The arbitrator awarded $73,007.10 in favor of Plaintiff. The arbitration award was confirmed by this C...

Excerpt: ...for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 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....

Excerpt: ...ment Permit (CDP) because it is an attached improvement to a single-family residence. However, the City processed the application as non-exempt, which subjected the ADU to additional set-back requirements under the California Coastal Act and Malibu's Local Coastal Program (LCP). The City subsequently denied their CDP on June 7, 2021. Petitioners filed a request for a disability accommodation (RRA), which was also denied. Petitioners appealed to t...

Excerpt: ...timization techniques to generate affiliate software revenue. Plaintiff was responsible for creating all of the content for the Company's website, and Mitchell was tasked with generating traffic to such content. In March 2020, due to Mitchell's failures, it was clear that the Company was not viable. Consequently, Plaintiff and Mitchell, together, decided to develop a web browser based version of certain software that Mitchell and Turkowski had pr...

Excerpt: ...hly rent of $17,5100.00. From November 15, 2021, through March 14, 2022, Defendants failed to pay $70,040.00 in rent due. Despite service a 3-day notice, Defendants failed to pay rent or quit. On July 1, 2022, Defendants filed the instant motion for summary judgment. Plaintiff opposes. LEGAL STANDARD A party may move for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the acti...

Excerpt: ...covery sanctions were issued on September 13, 2017, October 25, 2017, June 15, 2018, July 25, 2018, July 31, 2018, August 7, 2018, and October 18, 2018. LEGAL STANDARD “The Enforcement of Judgments Law provides two remedies through which a judgment creditor may obtain an order for post judgment attorney fees as costs: section 685.070, subdivision (b) [memorandum of costs] and section 685.080, subdivision (a) [motion for costs].” (Gray1 CPB, L...

Excerpt: ... merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 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 ...

Excerpt: ...amendment. (Code Civ. Proc., §§ 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 . . ..” (Code Civ. Proc., §§ 473(a)(1), 576.) Policy favors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v. County of Sa...

Excerpt: ... in the area. On the date of this incident, Defendants placed a hose/pipe across the roadway, causing a hazardous condition for cyclists. Plaintiff struck the hose/pipe and crashed suffering severe injuries. On September 3, 2021, Plaintiff filed this action. Plaintiff filed the instant motion for amendment on June 23, 2022. No opposition was submitted. LEGAL STANDARD If a party wishes to amend a pleading after an answer has been filed, or after a...

Excerpt: ... unlawful detainer; (3) nuisance per se; (4) public nuisance; (5) declaratory relief; and (6) injunctive relief. The complaint alleges that Guy Cognein (“Mr. Cognein”) purchased the Property in 1972. On December 19, 2002, Mr. Cognein entered into the following three agreements with the Foundation, including an Annuity Agreement, a Life Tenancy Agreement, and a Gift Agreement. Pursuant to the agreements, Mr. Cognein received a life estate in t...

Excerpt: ...1) declaratory relief; (2) conversion; (3) unfair business practices; (4) violation of the California Uniform Commercial Code § 9623; (5) violation of the California Uniform Commercial Code §§ 9610-11; and (6) breach of oral agreement. The FACC alleges VBPI is in the business of exotic car sales. In October of 2019, VBPI and Yang discussed a potential business opportunity concerning the purchase of a rare 2018 Mercedes G650 Landaulet (the “G...

Excerpt: ... written Lease Agreement for the Premises. After the initial lease term expired, the lease continued as a month-to-month tenancy. The parties agreed in the Lease that Landlord may terminate the tenancy by giving Tenant sixty (60) days' written notice. On February 24, 2022, Landlord gave notice that the Lease shall terminate on April 30, 2022 (“Termination Notice”). Termination Notice was served on Defendants in the manner specified in the Lea...

Excerpt: ...es five causes of action, including: 1) violation of Bus. & Prof. Code § 17200; 4) intentional interference with Prospective Economic Relations; 5) negligent interference with prospective economic relations; 6) breach of contract; and 7) aiding and abetting. On September 24, 2021, Defendants Suresh C. Jain; Pico 12300, LLC; and Suresh & Usha Jain Living Trust 2003 filed a special motion to strike. On January 27, 2022, the Court granted the anti-...

Excerpt: ...ping, Inc./Preferred Insulation Contractors, Inc. (collectively, “PFI”) filed the instant motion for an order determining its settlement with Cross-Complainants American/BCEGZ, American Multifamily Inc. and BCEGI-USA, Inc. (collectively “American”) was made in good faith pursuant to Code of Civil Procedure sections 877 and 877.6. Cross-Defendant Jade Inc. filed a limited opposition on June 23, 2022. Defendants/ Cross- Complainants Shores ...

Excerpt: ...liction of emotional distress (IIED). This action is related to case no. 20SMCV01632. Both actions arise from an alleged lease agreement between Plaintiffs and Darshad, with an option to purchase real property more commonly known as 8620-8624 Holloway Drive, West Hollywood, California 90069 (“Holloway Drive Property”). Plaintiffs assert that prior to the lease, the property was uninhabitable and that they only took the lease to improve the pr...

Excerpt: ...nc., 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 the sixt...

Excerpt: ...his property. On March 18, 2022, Plaintiff filed a notice of exemption from the requirements of Civil Code § 5950. On March 30, 2022, Defendant filed a demurrer to each cause 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 liberally and in context. In a demurrer proceeding, the defect...

Excerpt: ...ne Kihagi filed the instant contract action against Defendants Susan M. Cohen (as trustee of the Susan M. Cohen Living Trust, etc.), Julie Barbin (as trustee of Julie Barbin U/AID, etc.), Sun Pacific Mortgage and Real Estate, Kendrick Walker, Redwood Trust Deed Services Inc. The complaint alleges ten causes of action for 1) breach of fiduciary duty, 2) usury & rescission of loan, 3) violation of Business & Professions Code § 1040 et seq., 4) vio...

Excerpt: ...nia 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 incorporates many of the basic policy objectives contained in the Federal Arbi...

Excerpt: ... Inc. is likewise DENIED as to Mr. Mireles's claims. Defendants Axiall Corp., PPG Industries, Inc., and Westlake Chemical Corp.'s motion for summary judgment is GRANTED as to Mrs. Mireles's claims. Joinder by United Fabricare Supply Inc. is likewise GRANTED as to Mrs. Mireles's claims. BACKGROUND On June 20, 2018, Plaintiffs Jose Mireles and Meitsu Lisa Mireles filed this toxic tort action against Defendants Axiall Corp., PPG Industries, Inc., We...

Excerpt: ... every matter pertaining thereto. This authority necessarily includes disqualifying an attorney. (Metro-Goldwyn Mayer, Inc. v. Tracinda Corp. (1995) 36 Cal.App.4th 1832, 1837–1838.) The issue of disqualification ultimately involves a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. (Id.) Disqualification is a drastic measure that is only justified where the...

Excerpt: ...written Lease Agreement for the Premises. After the initial lease term expired, the lease continued as a month-to-month tenancy. The parties agreed in the Lease that Landlord may terminate the tenancy by giving Tenant sixty (60) days' written notice. On February 24, 2022, Landlord gave notice that the Lease shall terminate on April 30, 2022 (“Termination Notice”). Termination Notice was served on Defendants in the manner specified in the Leas...

Excerpt: ...e, and foreclosure on mechanics lien. The dispute arises from a project for the construction of the Bottega Louie Restaurant located on BHFC's property. Defendants allegedly breached their agreement by failing to pay Shawmut for work and improvements it performed, and refusing to approve or pay for change order work and extra work performed by Plaintiff. On August 29, 2019, the parties entered a stipulation to stay this action pending arbitration...

Excerpt: ...aint against Defendant KID, LLC (“Defendant”) for (1) breach of contract, (2) declaratory relief, and (3) cancellation of lease due to frustration of purpose, commercial impracticability, and impossibility. This action concerns a commercial lease for the premises located at 8478 Melrose Avenue in West Hollywood, California (hereinafter, the “Premises”). Pierluigi paid KID a security deposit of $301,497.18 (the “Security Deposit”), plu...

Excerpt: ...priate factual predicates are present. (See, e.g., Alhambra-Shumway Mines, Inc. v. Alhambra Gold Mine Corp. (1953) 116 Cal.App.2d 869, 873-874.) “[T]he appointment of a receiver is a drastic remedy to be employed only in exceptional circumstances.” (City and County of San Francisco v. Daley (1993) 16 Cal.App.4th 734, 744.) Accordingly, “a trial court must consider the availability and efficacy of other remedies in determining whether to emp...

Excerpt: ...a contract debt, a party to that action may file a motion seeking a determination from the court that the settlement between the plaintiff or other claimant 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 fi...

Excerpt: ...s”). The operative First Amended Complaint (FAC) alleges four causes of action for (1) breach of contract, (2) trespass, (3) conversion and (4) fraud. The FAC arises from allegations of breach of a rental agreement between the parties. The relevant unit is unit 106 located at 1912 Broadway, Santa Monica, CA (the “Unit”), which was designated as an affordable housing unit by the City of Santa Monica. Tenants were also prohibited subleasing o...

Excerpt: ...17, Plaintiff James and Patricia Dutton filed this contract/elder abuse action against Defendants Rodica Marinescu and Maxwell George Cornish. The operative FAC alleges six causes of action for: 1) breach of written contract; 2) breach of oral contract; 3) breach of involuntary trust; 4) money had and received; 5) financial abuse of an elder; and 6) injunctive relief. The FAC alleges two pertinent contracts. First, on September 10, 2016, the Dutt...

Excerpt: ... 13, 14, 15, 18, 19, 20, 21, 22, and 23. BACKGROUND On February 19, 2019, Plaintiffs James and Patricia Dutton filed this action. On April 5, 2019, Ouriel an Answer to Plaintiffs initial Complaint. On April 25, 2019, Ouriel filed a First Amended Answer. On February 14, 2020, Plaintiffs filed a First Amended Complaint for (1) Aiding and Abetting Fraud and (2) Financial Elder Abuse. No amended answer followed. On May 31, 2022, Plaintiffs filed the ...

Excerpt: ...iction of emotional distress, sexual battery in violation of Civil Code section 1708.5, and fraud and deceit. Defendant demurs to the fifth and sixth 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 liberally and in context. In a demurrer proceeding, the defects must be apparent ...

Excerpt: ...m his exposure to toxic and carcinogenic dry-cleaning chemicals in his work as a dry cleaner. Jose worked in the dry-cleaning industry from 1991 to 2014 at various dry cleaners' locations. Plaintiffs allege Defendants manufactured, sold or distributed products which contained toxins and chemicals which allegedly caused or contributed to the development of Jose's kidney cancer. Jose was diagnosed with kidney cancer in 2009, but alleges he did not ...

Excerpt: ...raud. The FAC alleges Plaintiff owns a commercial building, located at 730 North La Cienega Boulevard, Los Angeles, California. On February 28, 2002, Haque personally assumed a lease with Plaintiff's predecessor (the “Assumed Lease”) to rent the Premises for the purpose of operating a Koi restaurant. Later, the Assumed Leased was assigned to defendant Koi LP. The Assumed Lease, including all extensions thereof, was set to expire on July 23, 2...

Excerpt: ...ion has no merit or that there is no defense to the action 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...

Excerpt: ...(3) slander per se. According to the complaint, Plaintiff is a gaming professional that worked at Activision on various gaming projects throughout 1996 to 2017. Despite this successful career, Activision fired Plaintiff without cause in October 2021. He was fired because he was among a group of senior Activision employees terminated as “sacrificial lambs” to deflect negative publicity from allegations of widespread sexual harassment within th...

Excerpt: ...ce the judgment, and (2) complete and serve a notice of levy, which is directed to the judgment debtor or third person holding the debtor's property and notifies them of their duties and rights. (CCP §§ 699.510(a), 699.520, 699.540.) Code of Civil Procedure section 700.140 sets out the requirements for a levy on deposit accounts. A creditor's compliance with the prerequisites of section 700.140 (service of levy) and section 700.160 (levy on thi...

Excerpt: ... of implied warranty of quiet enjoyment; 4) breach of contract; 5) intentional infliction of emotional distress; 6) negligence; and 7) breach of implied warranty of habitability. On July 8, 2021, Defendant filed the instant demurrer and motion to strike the FAC. Plaintiff opposed and submitted a proposed Second Amended Complaint. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) ...

Excerpt: ...D as to Plaintiff Meitsu Lisa Mireles's sole claim for loss of consortium. Defendant United Fabricare Supply's joinder is likewise GRANTED. BACKGROUND On June 20, 2018, Plaintiffs Jose Mireles and Meitsu Lisa Mireles filed this toxic tort action against Defendants R.R. Street & Co. (“Street”) and United Fabricare Supply Inc. (“UFS”), among others. Plaintiffs allege that Mr. Mireles developed kidney cancer arising from his exposure to toxi...

Excerpt: ...2) Breach of Contract Implied in Fact; (3) Fraud and Deceit - False Promise; (4) Negligence; (5) Open Book Account; (6) Account Stated; (7) Quantum Meruit; (8) Elder Abuse With Unfounded Threat by Defendant's Attorney Jon Feldon; (9) Theft; and (10) Indemnification. Generally, the FAC alleges that Defendants owe over $119,460.00 in rent, for damages to the Property, and for loss of personal property. Williams demurs to each cause of action. No op...

Excerpt: ... condition despite notices to Defendant. In April 2021, Defendant told Plaintiffs to vacate the premises by July 31, 2021. In May 2021, Plaintiffs discovered a severe rat infestation on the property and found previous failed attempts to control the rat population by Defendant. Plaintiffs deemed the lease terminated due to the uninhabitable condition of the infestation. The Complaint states seven causes for: 1. Breach of Contract; 2. Conversion; 3...

Excerpt: ...velopment Permit (CDP) because it is an attached improvement to a single family residence. However, the City processed the application as non-exempt, which subjected the ADU to additional set-back requirements under the California Coastal Act and Malibu's Local Coastal Program (LCP). The City subsequently denied their CDP on June 7, 2021. Petitioners filed a request for a disability accommodation, which was also denied. Petitioners appealed to th...

Excerpt: ...ed the instant motion for summary judgment and adjudication of each cause of action and punitive damages. Plaintiff opposes the motion. LEGAL STANDARD A party may move for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c(a).) “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the...

Excerpt: ...elling. The matter proceeded to a jury trial from October 4, 2021, through October 15, 2021. The jury returned a verdict on October 15, 2021. On November 10, 2021, the Court entered the verdict in favor of Defendant. Notice of Entry of Judgment was served on November 29, 2021. The Court heard and denied Plaintiff's motion for new trial and motion for judgment notwithstanding the verdict on January 21, 2022. Plaintiff filed a notice of appeal on F...

Excerpt: ...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 affirm...

Excerpt: ...nd 5) intentional infliction of emotional distress. Plaintiff owns real property located at 1150 Tellem Dr., Pacific Palisades. Plaintiff alleges that Defendants Warren and Leanna Tourtellotte are husband and wife, and Trustees of the Tourtellotte Family Trust dated January 26, 2018. The Tourtellottes own interest in a neighboring real property located at 1140 Tellem Dr., immediately downhill from Plaintiff's property. Defendants have renovated t...

Excerpt: ...ampton Tedder Electric Co., and the State of California. Generally, Plaintiffs allege damages stemming from Defendants' negligent installation of a power pole in September 2019 through a culvert pipe on a California Department of Transportation (“Caltrans”) right of way (easement). The culvert supported and drained onto the adjacent Howell property causing flooding during heavy rain. The operative Second Amended Complaint alleges causes of ac...

Excerpt: ...t by a resident/patient of Hargis Home, a residential group home where Plaintiff worked as a supervisor. The disabled and dependent adult, JC, was a patient/client of NLACRC. Defendant My Life Foundation contracted with the County of Los Angeles to provide day care services to JC. Defendants allegedly had notice of JC's dangerous and violent propensities prior to the attack. The Complaint alleges four causes of action for: 1) violation of Governm...

Excerpt: ...entitled to mandatory attorney's fees. The fee-shifting provision was apparently intended to discourage such strategic lawsuits against public participation by imposing the litigation costs on the party seeking to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The fee-shifting provision also encourages private representation in SLAPP cases, including situations when a SLAPP d...

Excerpt: ...hbali v. Jacobi (SC129016). Plaintiff alleges that due to Defendants' negligence, on January 13, 2020, Plaintiff's default judgment was taken in the underlying action in the amount of $1,278,690.45. On July 6, 2021, Defendants filed the instant demurrer. 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 d...

Excerpt: ...acity extends to the assignee of a suspended corporation under certain conditions. (Cal-Western Bus. Servs., Inc. v. Corning Capital Grp. (2013) 221 Cal. App. 4th 304, 312.) “In cases where the assignor of a chose in action is a suspended corporation, California courts generally have recognized that the assignee is subject to the same defenses that could have been asserted against the assignor.” (Id. at 311.) “[T]he assignee ‘stands in th...

Excerpt: ...buse, (2) professional negligence, (3) negligent hiring and supervision, and (4) loss of consortium. Plaintiff filed the instant motion for summary adjudication against certain affirmative defenses in Defendant Regent's answer. LEGAL STANDARD A party may move for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c(a).) “The pur...

Excerpt: ...Complaint alleges causes of action for: 1) negligence; 2) fraud and concealment; 3) private nuisance; 4) public nuisance; 5) trespass; 6) inverse condemnation; 7) inverse condemnation; and 8) RICO (18 USC § 1962(b)). LEGAL STANDARD Under Code of Civil Procedure section 526(a), a preliminary injunction may be issued in the following cases: 1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, o...

Excerpt: ...dollars to Eli[yahu] [Cohen] on Nov 20, 2017.” Talasazan failed to repay the debt as agreed, repeatedly gave false assurances of repayment, and stopped responding to Plaintiff. The Complaint states four causes of action for Breach of Contract, Fraud, violation of Pen. Code § 496 and common counts-money had and received. On May 7, 2021, Plaintiff filed a proof of substituted service on Defendant, indicating service at 269 S. Beverly Dr. Unit 46...

Excerpt: ...f 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 in 2008 to sell an Armenian company, A.K.R.A.-KOM LLC, for $5.5 million. Khachatryan financed this with a Business Loan from Plaintiff. Foll...

Excerpt: ...tortfeasors or co-obligors on a contract debt, a party to that action may file a motion seeking a determination from the court that the settlement between the plaintiff or other claimant 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 whic...

Excerpt: ...iel filed a sur-reply on May 24, 2022. LEGAL STANDARD If a party fails to obey a court order compelling it to provide a discovery response, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction . . . In lieu of or in addition to this sanction, the court may impose a monetary sanction . . ..” (Code Civ. Proc., §§ 2030.290(c), 2030.300(e), 2031.300(c), 20...

Excerpt: ...upon repairs, Defendants sold the vehicle to a third party. The operative Fourth Amended Complaint (4AC) states three causes of action for 1) breach of contract; 2) fraud; and 3) intentional tort. On April 5, 2022, Defendants filed the instant demurrer to the fraud cause of action, and motion to strike punitive damages and attorney's fees. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mir...

Excerpt: ...he date of this order until the funds are disbursed and proof of service is filed with the Court. BACKGROUND On September 26, 2012, Plaintiff Paricher C. Kashani, Trustee of the Kashani Family Trust, dated October 13, 1995, filed the instant action against Defendant Shahram Elyaszadeh. The Complaint stated three causes of action for Breach of Unsecured Promissory Note, Money Lent, and Money Had and Received. The Court entered default judgment aga...

Excerpt: ...0.00 in sanctions to Plaintiffs. On January 24, 2022, Plaintiffs filed a motion for sanctions against KCL on the grounds that they failed to comply with the Court's July 2, 2021, order. On March 18, 2022, the Court granted the motion for sanctions, agreeing with Plaintiffs that KCL waived privileges by failing to timely object to the subpoena. KCL was ordered to pay an additional $3,400.00 in monetary sanctions. On March 25, 2022, KCL filed a mot...

Excerpt: ...e CC states seven causes of action for: 1. Fraud; 2. Breach of Contract; 3. Interference with Contract; 4. Interference with Contract; 5. Interference with Contract; 6. Negligent Interference with Prospective Economic Advantage; and 7. Intentional Interference with Prospective Economic Advantage. The CC concerns the lease of commercial real property. Rosamond owns the two commercial properties at issue: (1) 3049 La Cienega Boulevard, Culver City,...

Excerpt: ...ction and development of a single-family home at 2218 Glencoe Ave, Venice, CA. The operative Second Amended Complaint alleges three causes of action for (1) breach of joint venture agreement, (2) promissory fraud, and (3) quantum meruit. By way of relevant background, on August 4, 2021, Plaintiffs' motion to deem RFAs admitted was denied, but the Court issued sanctions against Biafora and counsel in the amount of $750.00. On October 7, 2021, Plai...

Excerpt: ... interfered with JCTLA's main asset – 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 it rented. Defendants allegedly interfered with the rental income being generated by the Property thereby breaching various duties. JCTLA brought a cross-action against Plaintiff. JCTLA alleges that it owns the ...

Excerpt: ...blind person. Plaintiff cannot use a computer without the assistance of screen reader software (“SRS”). Defendants operate a hotel in Los Angeles. The Hotel offers digital booking to patrons online via a website. Plaintiff visited the Hotel's website in September 2020 with the intent to reserve a room at Defendant's Hotel. Plaintiff encountered accessibility design faults that prevented him from navigating the site successfully using SRS. On ...

Excerpt: ...side default/default judgment. The Court denied this motion on December 15, 2021. On January 13, 2022, Defendant filed a second motion to set aside the default/default judgment. LEGAL STANDARD Relief under section 473(b) is either discretionary or mandatory. Where a party cannot obtain an attorney affidavit of fault, the party may seek discretionary relief under section 473(b) due to “mistake, inadvertence, surprise, or excusable neglect.” (C...

Excerpt: ... (5) declaratory relief; and (6) injunctive relief On April 26, 2022, Plaintiff the UCLA Foundation (“UCLA”) filed the two instant motions to compel initial discovery responses from Defendant Cognein (responding party or “RP”) as to 1) form interrogatories, special interrogatories, and requests for production of documents and 2) deem matters admitted. No opposition was filed. LEGAL STANDARD Where there has been no timely response to a Cod...

Excerpt: ...and coverage for damages relating to business interruption. According to the complaint, on December 22, 2019, employees of the City of Santa Monica, serviced and emptied two dumpsters, including the Subject Dumpster, in the alley next to Insured's Property. Plaintiff alleges that the City did not allow the Insured to secure the dumpsters or the alley with locks. The Subject Dumpster was placed and stored within five feet of combustible walls, ope...

Excerpt: ... operative SAC. The SAC claims four causes of action against UMPG for: 1) breach of contract, 2) common count for services rendered/quantum meruit, 3) lost profits, and 4) account stated. The following relevant facts are alleged in attachments 4-5 to the SAC, pp. 27-47. Plaintiff owned, operated, and produced music for a Seattle based internet recording service company, Five Guys with Laptops. In April 2016, Plaintiff's agent negotiated an agreem...

Excerpt: ...ey cancer as a result of certain chemicals in defendants' products. On June 20, 2018, Plaintiffs Jose Mireles and Meitsu Lisa Mireles filed the instant action against several defendants. The operative First Amended Complaint (“FAC”) asserts causes of action for (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consorti...

Excerpt: ...been entered. On March 28, 2022, Defendant filed a motion to set aside the default. Plaintiff opposes the motion. LEGAL STANDARD Relief under section 473(b) is either discretionary or mandatory. Where a party cannot obtain an attorney affidavit of fault, the party may seek discretionary relief under section 473(b) due to “mistake, inadvertence, surprise, or excusable neglect.” (CCP § 473(b).) A motion for discretionary relief must be made �...

Excerpt: ...e CC states seven causes of action for: 1. Fraud; 2. Breach of Contract; 3. Interference with Contract; 4. Interference with Contract; 5. Interference with Contract; 6. Negligent Interference with Prospective Economic Advantage; and 7. Intentional Interference with Prospective Economic Advantage. The CC concerns the lease of commercial real property. Rosamond owns the two commercial properties at issue: (1) 3049 La Cienega Boulevard, Culver City,...

Excerpt: ...tself and was completely uninhabitable. Defendants cosmetically concealed or otherwise fail to disclose the evidence of extensive water damage and dry rot. On June 2, 2021, Plaintiffs filed the instant motion to quash Defendants' third-party subpoena. Defendants oppose the motion to quash. LEGAL STANDARD CCP section 1987.1 provides in part: If a subpoena requires the attendance of a witness or the production of books, documents, electronically st...

Excerpt: ...GRANTED as to: 1) punitive damages as to Marvin Avent and Michael Shahin without leave to amend; 2) treble damages with leave to amend as to WAL and the Members; and 3) Justin Wells' cause of death, all without leave to amend. The remainder of the motion to strike is DENIED. BACKGROUND This dispute arises out of the alleged breach of a property lease between Plaintiff Lake George, LLC and Wells Ament, LLC (“WAL”). Plaintiff leased a remodeled...

Excerpt: ...lante (“Antonio”). The operative First Amended Complaint (FAC) alleges eight causes of action for: 1) elder and dependent adult financial abuse; 2) breach of fiduciary duty; 3) conspiracy to defraud; 4) constructive fraud; 5) violation of unfair competition law; 6) civil theft; 7) conversion; and 8) accounting. The FAC alleges that Defendants are siblings. Patricia was Plaintiff's personal assistant, and caregiver. Antonio acted as an investm...

Excerpt: ... and Jacques Wylan Plumbing Inc. (“JWP”). The operative Third Amended Complaint states four causes of action for negligence, premises liability, private nuisance, and trespass. On March 7, 2022, MMLK filed the instant motion for consolidation of this action (Case No. 19STCV43863) and Topa Insurance Company v. The Abbot Kinney Grill, LLC, et al. (Case No. 21STCV38655). Plaintiffs filed a limited opposition. The cases were related on April 14, ...

Excerpt: ...arises from an alleged assault by a resident/patient of Hargis Home, a residential group home where Plaintiff worked as a supervisor. The disabled and dependent adult JC was a patient/client of NLCRC. Defendant My Life Foundation contracted with the County of Los Angeles to provide day care services to JC. Defendants allegedly had notice of JC's dangerous and violent propensities prior to the attack. On March 14, 2022, NLACRC filed a motion for s...

Excerpt: ...No opposition was submitted. LEGAL STANDARD In an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt, a party to that action may file a motion seeking a determination from the court that the settlement between the plaintiff or other claimant 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 det...

Excerpt: ... is DENIED. BACKGROUND This action arises from the production of a film entitled London Fields. In 2013, MTG and NSL entered into an agreement for production services in connection with the picture. MTG performed these services through Kosinski, who secured acting and directing talent. NSL failed to pay pursuant to the agreement. NSL filed a cross-complaint, generally alleging that cross-defendants interfered with the production and distribution ...

Excerpt: ...nt Arc Gardner LLC, LB Property Management, Inc., Marisol Ruiz, and Greg De Rubeis (“Defendants”). Plaintiff alleges numerous habitability issues with her apartment, including pest infestation, plumbing issues, wiring issue, mold infestation, failure to provide adequate notice prior to entry, inadequate heat, missing smoke detectors, missing carbon monoxide detector, and other safety issues. Defendants also denied her possession of the Premis...

Excerpt: ... 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 to the ground. The FAC states four causes of action for gross negligence, strict product liabil...

Excerpt: ...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. (Code Civ. Proc., §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the fact...

Excerpt: ...onversion; 3. Fraud in the Inducement; 4. Negligent Misrepresentation; 5. Negligence; 6. Nuisance; and 7. Declaratory Relief. On December 6, 2021, Defendant filed the instant motion to strike Plaintiff's request for punitive damages. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1); Cal. Rules of Court, Rule 3.13...

Excerpt: ...bert Binns. The operative Fourth Amended Complaint (FAC) states seven causes of action for: 1) violation of the California Uniform Trade Secrets Act (“CUTSA”) (against all Defendants, except Ferry); 2) Breach of the Proprietary Information Agreement against Lockheed by Sky Lift); 3) Breach of Fiduciary Duty (against Binns by Sky Lift); 4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against Lockheed and Korn Ferry by Sky Lif...

Excerpt: ...n defects with regards to the installation of glass windows at 26901 Sea Vista Drive, Malibu, CA 90265 (“Subject Property”). Due to the defective installation of the windows, Plaintiffs allege that water was able to infiltrate the house causing damage. Fleetwood manufactured certain doors and windows that were improperly installed by Defendant One Stop Windows and Doors. The complaint alleges causes of action for breach of contract and breach...

Excerpt: ... motion to strike against the cross-complaint. Sarnoff opposes the motion to strike. The Court notes that the motion to strike indicates that it would be concurrently filed with a demurrer. Sarnoff filed an opposition to a demurrer. However, there is no demurrer filed with the Court. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. ...

Excerpt: ...tates two causes of action seeking to enforce the Governing Documents and certain Fines levied on Defendant. On February 24, 2022, Plaintiff filed the instant motion for a preliminary injunction. LEGAL STANDARD Under Code of Civil Procedure section 526(a), a preliminary injunction may be issued in the following cases: 1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, co...

Excerpt: ... Electric Co., and the State of California. The operative Second Amended Complaint (SAC) alleges causes of action for: 1) negligence; 2) fraud and concealment; 3) private nuisance; 4) public nuisance; 5) trespass; 6) inverse condemnation; 7) inverse condemnation; and 8) RICO (18 USC § 1962(b)). On December 27, 2022, SCE filed a demurrer against the fraud and RICO claims, and a motion to strike punitive damages. On that same date, EPC filed a dem...

Excerpt: ...s. The operative Fourth Amended Complaint (FAC) states seven causes of action for: 1) violation of the California Uniform Trade Secrets Act (“CUTSA”) (against all Defendants, except Ferry); 2) Breach of the Proprietary Information Agreement against Lockheed by Sky Lift); 3) Breach of Fiduciary Duty (against Binns by Sky Lift); 4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against Lockheed and Korn Ferry by Sky Lift); 5) Pr...

Excerpt: ...er 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 (FAC) asserts four causes of action against Defendants for: (1) breach of contract for the sale of real property; (2) violations of California Civil Code sections 110...

Excerpt: ...oldsmith. The 5AC contains six causes of action for (1) violation of privacy under the California Constitution and the California Civil Code section 1708, (2) defamation, (3) negligence, (4) intentional infliction of emotional distress, and (5) violation of Labor Code section 1102.5, et seq. On March 30, 2022, Plaintiffs filed a motion for determination of good faith settlement with Defendant Lori Goldsmith. BHUSD opposes the motion. LEGAL STANDA...

Excerpt: ...on and development of a single-family home at 2218 Glencoe Ave, Venice, CA. The operative Second Amended Complaint (SAC) alleges three causes of action against Defendants for (1) breach of joint venture agreement, (2) promissory fraud, and (3) quantum meruit. On November 8, 2021, Schimmel and S&B Investments (the “Moving Defendants”) filed a demurrer and motion to strike the SAC. LEGAL STANDARD A demurrer for sufficiency tests whether the com...