Excerpt: ...“MMLK”), Ocean Spaulding Inc. (“OSI”), and Jacques Wylan Plumbing Inc. (“JWP”). The operative Third Amended Complaint (TAC) states four causes of action for negligence, premises liability, private nuisance, and trespass. On February 7, 2022, Defendant AKG filed a motion to strike punitive damages from the TAC. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the...

Excerpt: ...ent in this case in favor of Sigal. Among other things, the Judgment declared Defendant Sigal the prevailing party and stated that Sigal “shall have and recover from Plaintiff Fahimeh Javaheripour attorneys' fees “TBD per motion.” On February 26, 2020, the Court granted Sigal's motion for attorney's fees and awarded a reduced reasonable amount of $178,190.50. Also on February 26, 2020, the Court issued the addendum to the judgment awarding ...

Excerpt: ...ment, unfair competition, breach of contract, and breach of the implied covenant of good faith and fair dealing. There is a cross-action for breach of contract by Weis against sub-contractors Flawless, Systematic Automation, and VCG Custom Furniture. On March 23, 2022, Plaintiff filed this unopposed motion for a trial continuance. Trial is currently set for July 18, 2022. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disp...

Excerpt: ...ch of fiduciary duty; 2) fraud; 3) negligent misrepresentation; 4) negligence; 5) breach of contract; 6) declaratory relief; 7) conversion; 8) money had and received; and 9) accounting. On December 14, 2022, the Court conducted an informal discovery conference in chambers. The parties discussed the relevance of Plaintiffs' tax return information as well as supplemental responses to form and special interrogatories. As to tax return information, P...

Excerpt: ...C), Hybrid Enterprises LLC, Korn/Ferry International Inc., and Robert 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 F...

Excerpt: ...ve 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. The second and third causes were “deleted,” and the eighth cause of action was stricken. On September 24, 2021, Defendants Suresh C. Jain; Pico 12300, LLC; and Suresh & Usha Jain Living Trust...

Excerpt: ...led to pay the rent due and owing. Despite negotiations, the parties did not reach an agreement on the rent owed. On November 10, 2020, Defendant unilaterally terminated the lease prior to the term expiring on December 31, 2021. Defendant continued to occupy the premises until February 12, 2021. Plaintiff claims $490,000.00 in owed back rent. On June 2, 2021, Defendant filed a demurrer to the complaint. LEGAL STANDARD A demurrer for sufficiency t...

Excerpt: ...to pay $750.00 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 had waived privileges by failing to timely object to the subpoena. KCL was ordered to pay an additional $3,400.00 in monetary sanctions to Plaintiffs. The Co...

Excerpt: ...October 14, 2016. Chukwu was a limousine driver for ULC. Chukwu was transporting Plaintiffs when he negligently collided with another vehicle. The Complaint states one cause of action for motor vehicle negligence. On September 22, 2021, Plaintiffs moved for attorneys' fees. On October 20, 2021, the Court considered Plaintiff's motion for attorney's fees. The Court determined that Plaintiff did not demonstrate that the cited contract was enforceab...

Excerpt: ...) breach of contract; 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 BLA were both members of a ...

Excerpt: ...ertions of fact pled against Friedman-Miller, and that Plaintiff was unable to show a probability of success. The Court granted Friedman-Miller an attorneys' fees award in the amount of $198,310.00 on November 29, 2018. The Court entered judgment in favor of Defendant on February 15, 2019. On January 24, 2019, Miller filed a notice of appeal challenging the trial court's orders granting the anti-SLAPP Motion and awarding Hayley attorney fees and ...

Excerpt: ...piou, Ltd.; and SM Ramage, LLC. Plaintiff alleges that on September 12, 2020, he was riding a bicycle near the intersection of Santa Monica Blvd. and Almont Dr. in West Hollywood. While riding, he struck a hose/pipe that fell on a portion of the street. As a result, he suffered physical and emotional injuries, property damage, and other special damages. The Complaint states three causes of action for dangerous condition of public property, premis...

Excerpt: ...ards to the installation of glass windows at 26901 Sea Vista Drive, Malibu, CA 90265 (the “Subject Property”). The complaint alleges causes of action for breach of contract and breach of implied covenant of good faith and fair dealing (bad faith) and negligence. On May 7, 2020, Defendant AIG Property removed the action to the United States Central District Court. On July 13, 2020, the District Court remanded the case back to this court. On Ma...

Excerpt: ...o 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 about 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. On July 22, 20...

Excerpt: ... Manek; Joel Michael Athey; Holmes, Taylor, Cowan & Jones LLP; Gaytri Manek; Quantum Leap Enterprises LLC, Rose Collective, Inc.; Sunnyside Collective, Inc.; Highland Acquisitions LLC; and Lankershim Management Properties, Inc. The operative First Amended Complaint states 22 claims for: (1-6) fraud; (7-9) breach of fiduciary duty, (10, 21) declaratory relief, (11) tortious interference claim, (12-13) breach of contract claims, (14-17) conversion ...

Excerpt: ...ence, and 5) intentional infliction of emotional distress. Plaintiff owns real property located at 1150 Tellem Dr., Pacific Palisades. Plaintiff alleges that Defendants Warren and Leanna 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 their h...

Excerpt: ...trian, individually and as trustee of the Veto Trust; WRH LLC; 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 Ketikyan and Khachtryan e...

Excerpt: ...t against the same defendants alleging causes of action for (1) aiding and abetting fraud, (2) financial elder abuse, and (3) financial elder abuse. Judgment was entered in favor of defendant Wells Fargo and against Plaintiffs on October 1, 2019. Plaintiffs filed a Notice of Settlement on March 17, 2022, indicating that Plaintiffs and defendants Ava Domanovski and S3&E Real Estate, Inc. reached a settlement. Defendant Robert Ouriel (hereafter, �...

Excerpt: ...cion; (2) conversion; (3) trespass; (4) intentional interference with contract; (5) equitable indemnity; (6) recovery of personal property (“claim and delivery”); and (7) declaratory relief. LeDuff filed a Cross-Complaint against Oubre on January 19, 2021, and filed her operative First Amended Cross-Complaint against Oubre on January 28, 2021. LeDuff asserts twelve causes of action for: (1) assault; (2) battery; (3) domestic violence under Ci...

Excerpt: ...SAC) alleges three causes of action for (1) strict products liability, (2) negligence, and (3) loss of consortium. Plaintiffs allege that Defendants designed, manufactured, distributed, and sold various orthopedic hardware systems, including the Profemur Z hip prosthesis components at issue in this matter. In 2003, Shaw underwent staged implantation of the bilateral Wright modular neck, Profemur Z stem and monoblock metal cup hip prostheses. The ...

Excerpt: ...ff Karen Horwitz and Angela Acosta (“Plaintiffs”) filed a complaint against Defendants The Regent of the University of California, John M, Moriarty, M.D., Frank Hao, M.D., and Does 1-250, inclusive (collectively “Defendants”) alleging four causes of action for (1) Dependent Adult Abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act – Welfare and Institutions Code § 15600, et seq.), (2) professional negligence, (3)...

Excerpt: ...cal Technology, Inc., Advanced Surgical Devices, Inc., William Zurowski, and Frank Velazco, Plaintiffs filed the operative Second Amended Complaint (SAC). Plaintiffs' SAC alleges three causes of action for (1) strict products liability, (2) negligence, and (3) loss of consortium against defendants Wright Medical Technology, Inc., Advanced Surgical Devices, Inc., William Zurowski, and Frank Velazco. Plaintiffs allege that Defendants Wright Medical...

Excerpt: ...s. BACKGROUND On December 11, 2020, Plaintiffs Richman Bry and Riviera Capital Group, LLC (“Plaintiffs”) filed a complaint against Defendants Jack Dell, 1025 Ocean Avenue, Ltd. L.P., American Alliance Capital Group, LLC, and Does 1-20, inclusive (“Defendants”) alleging nine causes of action for (1) breach of fiduciary duty, (2) fraud, (3) negligent misrepresentation, (4) negligence, (5) breach of contract, (6) declaratory relief, (7) conv...

Excerpt: ...filed a Complaint against Defendants Shawne Merriman, Monica Maass, Elias Wehbe, Warwick LA, The Highlight Room, J.P. Castro and Does 1-50, inclusive, alleging three causes of action for: (1) battery; (2) Drug Dealer Liability Act; and (3) negligence. On April 19, 2021, Plaintiff filed a First Amended Complaint (FAC). On January 25, 2022, Defendants 6417 Selma Hotel, LLC, 6417 Selma Hotel Mezz, LLC, Hollywood International Regional Center Selma, ...

Excerpt: ... inclusive (“Defendants”) alleging causes of action for (1) breach of commercial promissory note, (2) breach of continuing guaranty, and (3) breach of business loan and security agreement. On January 3, 2022, Cross-Complainants Healthymouth, LLC and Karen Albert filed a First Amended Cross-Complaint against Cross-Defendants FC Marketplace, LLC, Funding Circle USA, and Roes 1-20, inclusive alleging 7 causes of action for (1) breach of written ...

Excerpt: ...nal Center (“NLACRC”), My Life Foundation, Kelly Parducci, Jamie Dewitt, Dr. Pyles, “Kelly”, Vincent Van Antwerp, and Does 1 -100 for: (1) Violation of California Government Code Section 815.2(a); (2) violation of California Government Code Section 815.2(a); (3) Negligence; and (4) Negligent Infliction of Emotional Distress. On March 10, 2022, Defendants NLACRC and My Life Foundation (collectively “Defendants”) filed this motion to co...

Excerpt: ...s player, alleges that Defendants called him a “wife beater” and “criminal.” (Complaint ¶¶ 16, 20, 25.) As a result of the alleged defamation, Brentwood Country Club banned Plaintiff from its premises. (Id. ¶ 26.) On November 24, 2021, Defendants filed a special motion to strike Plaintiff's complaint, specifically Paragraphs 10, 16-17, and 20-40 (the “anti-SLAPP Motion”). On March 16, 2022, Plaintiff filed this motion for leave to ...

Excerpt: ...�) [1] and Izzadore Strick (“Izzadore”) (collectively “Plaintiffs”) originally resided at the Premises pursuant to a written lease whereby Frank was the listed tenant and Defendants Natalie Tarnopolsky (“Natalie”), Assaf Tarnopolsky (“Assaf”), and the Tarnopolsky Family Trust (“Tarnopolsky Trust”) (collectively “Defendants”) were the owners and landlords of the Premises. On August 10, 2021, Plaintiffs filed the operative s...

Excerpt: ...omplaint, on September 9, 2017, Defendant Ronald M. Podell (“Defendant”) signed a written “Office Lease” (“Lease”) for Suite 615 within the Property (“Premises”). (Complaint ¶ 2.) Per the Lease, every month, Defendant was to pay a starting base rent, plus Common Area Maintenance (“CAM”) expenses, plus expense recovery, plus parking. (Complaint ¶ 5.) Beginning in July 2020, Defendant stopped making the required payments under...

Excerpt: ... Joe Hernandez, dba H & H Heating & Air Conditioning (“Defendant”) alleging 4 causes of action for (1) fraud, (2) breach of contract, and (3) negligence. On March 4, 2022, Defendants filed a motion to correct error on judgment or in the alternative, vacate, and set aside default judgment pursuant CCP § 473(d) and § 473.5. There is no opposition to the motion. Defendant moves the Court to correct the default judgment entered in this matter, ...

Excerpt: ...behalf of herself and derivatively on behalf of Cannaco Research Corporation, GBC, LLC, and GBC, LLC (collectively “Plaintiffs”) filed a complaint against Defendant VFARM 1509 Inc. dba Rose Collective, WFARM1045, dba, The Westwood Farmach, Ann Lawrence Athey, Rajesh Surendrakant Manek, Joel Michael Athey, Holmes, Taylor, Cowan & Jones, LLP, Gaytri Manek, Quantum Leap Enterprises LLC, Rose Collective, Inc., Sunnyside Collective, Inc. Highland ...

Excerpt: ...laintiff's FAC as to the first, second, fourth, 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 (Hahn).)¿¿When considering demurrers, courts read the allegations liberally and in context.¿¿(Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, th...

Excerpt: ...2022, Healthymouth, LLC and Karen Albert (collectively, “Healthymouth”) filed an eight cause of action First Amended Cross-Complaint against FC Marketplace, LLC, and Funding Circle USA. On September 2021, FC Marketplace served third-party, Van Drunen Farms, Momence, Illinois (“Farms”), with a deposition subpoena for production of business records (“Subpoena”). Healthymouth argues that the Subpoena improperly asks Farms to disclose tra...

Excerpt: ...ecord; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” (McGuan v. Endovascular Techs., Inc. (2010) 182 Cal.App.4th 974, 988, paragraph breaks omitted [quoting California Rules of Court, rule 2.550(d)]....

Excerpt: ...nts” HEARING DATE: 03/30/2022 ANALYSIS The Court considers two motions filed by Plaintiff regarding discovery: (1) Plaintiff's Motion to Compel Defendant Robert Ouriel to Respond to “Supplemental Interrogatory” or, in the Alternative, for Terminating Sanctions; and (2) Plaintiff's Motion for Terminating Sanctions or, in the Alternative, to Compel Defendant Robert Ouriel to Respond to “Supplemental Request for Production of Documents.” P...

Excerpt: ...Defendants”) are owners of the real property located at 448 Euclid Street in Santa Monica, California (“Subject Premises”). On June 30, 2015, Cross-Defendants entered into a contract with Cross-Complainants, effectively hiring Cross-Complainants to construct Cross- Defendants' home upon the Subject Premises. Cross-Complainants allege that, during the construction of Cross-Defendants' home, Cross-Defendants entered into eighteen separate agr...

Excerpt: ... Shalit's investment in the Miller/Dube Loan (3rd Deed of Trust): Shalit is entitled to summary adjudication on the issue whether Dube and Miller owed Shalit fiduciary duties as an investor in the Miller/Dube Loan. Miller and Dube were licensed real estate brokers because they obtained and negotiated Shalit's investment in the Miller/Dube Loan. First Cause of Action for Fraud: None of the purported misrepresentations made by Shalit are actionable...

Excerpt: ...ess to their condominium unit to allow the Association to perform the necessary repairs. (Declaration of Patrick Malone, Esq. (“Malone Decl.”), Ex. A.) Plaintiff Association represents that since the parties executed the Agreement, Defendants obtained a temporary restraining order effectively prohibiting the Association from entering into Defendants' unit. On January 24, 2022, Plaintiff filed the instant Motion to Enforce Settlement Agreement...

Excerpt: ...laintiff”) filed this action's verified Complaint against defendants Gurgen Khachatryan, Abraham Stepanian, Ted Khachatryan, WRH, LLC, Westside Residential Holdings, LLC, and Artyom Khachatryan (collectively “Defendants”). The Complaint asserts the following causes of action against the Defendants: 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. ...

Excerpt: ... “Defendants”) and Does 1-50 breached the severance agreement when they failed to pay him the installments and interest due on the last payment. On January 5, 2022, Plaintiff filed the instant motion for summary judgment on his complaint against CB1. There is no filed opposition. BASIS FOR MOTION Plaintiff argues that this is a simple collection action in which CB1 had agreed to pay Plaintiff $30,000, in exchange for Plaintiff's promise to re...

Excerpt: ...er compelling attendance, testimony, and production, the court may make any orders that are just, including imposing an issue sanction, an evidence sanction, or a terminating sanction under (commencing with CCP § 2023.010) against that party deponent or against the party with whom the deponent is affiliated. (CCP § 2025.450(h).) Under California's Discovery Act, a judge may impose sanctions against one who is “misusing the discovery process.�...

Excerpt: ...geles County Department of Mental Health; North Los Angeles County Regional Center; My Life Foundation, Kelly Parducci, Jamie Dewitt, Dr. Pyles, “Kelly”, Vincent Van Antwerp, and Does 1 -100 for: (1) Violation of California Government Code Section 815.2(a); (2) violation of California Government Code Section 815.2(a); (3) Negligence; and (4) Negligent Infliction of Emotional Distress. On January 4, 2022, defendant North Los Angeles County Reg...

Excerpt: ...012, Plaintiff and Defendant entered into a written contract (the “Agreement”) whereby Plaintiff agreed to purchase the Subject Property from Defendant. However, Plaintiff alleges that Defendant breached the Agreement on May 12, 2019, by refusing to sell the property and/or refusing to state the purchase price. On November 10, 2021, this Court sustained Defendant's demurrer to the complaint with leave to amend. On January 5, 2021, Plaintiff f...

Excerpt: ...Dutton's Motion to Compel a Response to “Supplemental Interrogatory Set One” against Defendant Ava Domanovski HEARING DATE: March 22, 2022 BACKGROUND On February 14, 2022, Plaintiff James Dutton (hereinafter, “Plaintiff”) filed a Motion for Evidentiary Sanctions, Terminating Sanctions, or in the Alternative, Compelling Responses to Demand for Production of Documents (Set One) against Defendant Robert Ouriel. On February 18, 2022, Plaintif...

Excerpt: ...mises”), and Richard Strom and Elena Kashtuyeva (“Defendants”), tenants occupying Unit 6 of the Subject Premises. Petitioner challenges a decision of the Santa Monica Rent Control Board (“Respondent” or “SMRCB”) providing a rent decrease to Defendants during construction of the Subject Property from $1,400.00 per month to $0.00 per month, arguing that this decision violated Santa Monica Municipal Code section 4.36.100(c)(2). On Apri...

Excerpt: ...tiff was employed by Defendants and the alleged violation was committed against him during his time of employment and he is, therefore, an aggrieved employee” and that plaintiff was an employee from March 2020 to approximately November 2020. (Compl. ¶¶ 15, 20.) Plaintiff further alleges that “Plaintiff has satisfied the administrative prerequisites under California Labor Code section 2699.3(a) to recover civil penalties against Defendants, ...

Excerpt: ...r”). This petition arises out of the tax assessment of Petitioner's home. Petitioner alleges that “[o]n January 1, 2005, Petitioner and his wife, Shiva Nataly Harounian, were each 50% owners in Believers, LLC, a California limited liability company. They resided together in California as husband and wife and Believers, LLC was their community property.” (FAP ¶ 1.) On April 20, 2007, Believers, LLC purchased a single-family home at 416 N. R...

Excerpt: ...ants”) filed this cross-complaint against Cross-Defendants Trinity Media Financing International (“Trinity”), Morgan Emmery (“Emmery”), Jean-Charles Levy (“Levy”), and Roes 1 - 10 (collectively, “Cross- Defendants”). The cross-complaint contains claims for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) intentional interference with contract; (4) fraud; and (5) declaratory relief. The s...

Excerpt: ..., open book, account stated, breach of guaranty, and claim and deliver against Defendants Color OnDemand, Inc., Ramin Benyamin, Arsalan Motamen aka Alex Motamen, Ramin Mikail, and Does 1-10. Plaintiff filed three applications for a writ of attachment as to (1) Ramin Benyamini and Arsalan Motamen; (2) Color OnDemand; and (3) Ramin Mikail. The applications for writ of attachment for Ramin Benyamini, Arsalan Motamen, and Color OnDemand, Inc. are uno...

Excerpt: ...Regents I”) alleging that defendant Magellan Health Services breached the LOA by denying or partially denying UCLA Health's invoices for behavioral health treatment provided to forty-two health plan members. (See RJN Ex. 14.). Plaintiff filed an amended complaint on February 11, 2020. Plaintiff bases the breach of contract claim on Exhibit “A” in the FAC, listing 28 patients (with patient initials to protect privacy), the admit date, the di...

Excerpt: ...January 26, 2022. The Court set an OSC re Preliminary Injunction for March 16, 2022, noting that the parties were to follow a briefing schedule according to Code. On March 7, 2022, Plaintiff filed an amended complaint. In the TRO application, Plaintiff applied for an OSC re why the Court should not issue an injunction during the pendency of the above-titled action, pursuant to Code of Civil Procedure sections 525, 526, 527, and 528 enjoining defe...

Excerpt: ...ants”) filed this cross-complaint against Cross-Defendants Trinity Media Financing International (“Trinity”), Morgan Emmery (“Emmery”), Jean-Charles Levy (“Levy”), and Roes 1 - 10 (collectively, “Cross- Defendants”). The cross-complaint contains claims for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) intentional interference with contract; (4) fraud; and (5) declaratory relief. The s...

Excerpt: ... of default against Defendants, which was granted. On August 11, 2021, Defendant Farshid Moossazadeh filed an ex parte application seeking relief from default. The declaration accompanying the ex parte application contained a proposed answer for both Nahal Moossazadeh and Farshid Moossazadeh. The Court denied ex parte relief and set the hearing on the motion to set aside default on January 6, 2022. On January 3, 2022, Defendants Farshid Moossazad...

Excerpt: ...GAL STANDARD Code of Civil Procedure section 473(a)(1) provides: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after noti...

Excerpt: ...ny part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § 2.) When an arbitration agreement “provides that the arbitration is to be governed by the FAA and not California law, generally the California Arbit...

Excerpt: ...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 the six...

Excerpt: ...mpt Trust, both created under the amended Harry and Frances Goldberg Trust dated November 19, 1982 (“Flynn” or Cross-Complainant”) filed this action against Cross-Defendant Lori Hyland, an individual and as Trustee of Lori's Exempt Trust and Trustee of Lori's Non-Exempt Trust, both created under the amended Harry and Frances Goldberg Trust dated November 19, 1982 and Roes 1 -10. Flynn's cross-complaint contains claims of: (1) breach of cont...

Excerpt: ...good faith and fair dealing, and (3) violation of Business and Professions Code §17200 et seq. Plaintiff filed an amended complaint on January 7, 2022. This suit arises out of a comedian's failure to perform at a school's charity event. Plaintiff alleges that pursuant to an agreement, “Colin Quinn was to perform on November 3, 2018 at the gala-charity fund raising event at the Fairmont Hotel hosted by the Archbishop Mitty High School for a com...

Excerpt: ...supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected. 2. A judgment or decree not consistent with or not supported by the special verdict.” (Code Civ. Proc., § 663.) Code of Civil Procedure section 663 only “empowers a trial court, on motion of ‘[a] party ... entitl[ed] ... to a different judgment' from that which has been entered, to vacate its judgment and enter...

Excerpt: ...y American, without prejudice, due to American's prior counsel's failure to serve them with the operative cross-complaint. LEGAL STANDARD California Code of Civil Procedure section 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, o...

Excerpt: ... unclean hands, (8) in pari delicto, (9) equitable estoppel, (14) forbearance/modification, (15) usury, (16.) excuse of performance, (17.) illegality, (18) duress, undue influence, (19) sham pleading/no financial elder abuse and (20) lack of standing. On March 15, 2018, the Court sustained demurrers to affirmative defenses Nos. 14, 15, 18, and 20, struck No.19, and struck her allegation that the Duttons lacked California residency (RJN Ex.13, pp....

Excerpt: ...alment; (5) Breach of Implied Warranties; and (6) Loss of Consortium against various Defendants including Fabritec as a Doe Defendant. (Currie Decl., ¶ 4; Fabritec's Request for Judicial Notice ("RJN"), Exhs. 1, 2.) On February 4, 2022, Defendant Fabritec International Corporation (“Fabritec”) filed this motion for a determination of a good faith settlement between itself and Plaintiffs. The motion is unopposed. LEGAL STANDARD “Any party t...

Excerpt: ...orm, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inad...

Excerpt: ...a Film Keyz Productions) HEARING DATE: 03/02/2022 LEGAL STANDARD Requests For Admissions (RFAs) When a party fails to timely respond to requests for admissions (RFAs), the requesting party may move for an order that “the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.” (Code Civ. Proc., § 2033.280.) The motion will be denied if the Court finds both th...

Excerpt: ...is specified by statute or rule, judges may fashion nonstatutory procedures suitable to the specific cases before them.” (Weiss v. People ex rel. Department of Transportation (2020) 9 Cal.5th 840, 857 [quoting Citizens Utilities Co. v. Superior Court (1963) 59 Cal.2d 805, 812–813].) ANALYSIS Defendant MME Enterprises USA, LLC (“MME USA”) seeks an order requiring James Parker to repay advanced fees and declaring that it has no obligation t...

Excerpt: ...Adrian Jimenez”). The petition is unopposed. LEGAL STANDARD A petition for court approval of a compromise of . . . a minor's disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; . . . must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or dispo...

Excerpt: ...erior court a verified memorandum of costs under rule 3.1700.” (Cal. Rules of Court, Rule 8.278 (c)(1).) The failure to timely file a costs bill on appeal forfeits the entitlement to such costs. (Moulin Electric Corp. v. Roach (1981) 120 Cal.App.3d 1067, 1070.) In addition, “a party may serve and file a motion in the superior court to strike or tax costs claimed under (1) in the manner required by rule 3.1700.” (Cal. Rules of Court, Rule 8....

Excerpt: ...Specifically, “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048(a).) The purpose of consolidation is to avoid unnecessary costs or delay, avo...

Excerpt: ...act, (6) breach of fiduciary duty, and (7) equitable reimbursement. On May 8, 2020, Pamela McCarthy and Michael LaBerge filed a cross-complaint for (1) conversion, (2) breach of fiduciary duty, (3–4) constructive trust, (5) accounting, (6–8) partition and accounting, (9) declaratory relief – waiver of partition, (10) declaratory relief – for-sale sign. On January 28, 2022, Cross-Complainants dismissed Jason LaBerge as a party only as to t...

Excerpt: ...biryov has not appeared in this matter at all since the opposition to Wells Fargo's demurrer to the cross-complaint (via a limited scope attorney) in April 2021. Wells Fargo requests the following sanctions: Terminating Sanctions An order granting termination sanctions against as to his cross-complaint filed on May 29, 2020; and Monetary Sanctions An order that Sibiryov pay a monetary sanction in the sum of $1,757 for the reasonable costs and att...

Excerpt: ...ts uncertain, because ambiguities can be clarified under modern discovery procedures. [Citations.]” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (See Code Civ. Proc., §§ 435, 436 & 437.) “A party may amend its pleading once without leave of the court at any ...

Excerpt: ...e 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 May 21, 2021, Defendants BHUSD and Michael Bregy (“Defendants”) filed a special motion to strike. Defendants seek to strike the 5AC in whole or, alternatively, in...

Excerpt: ...y, the “Defendants”). The complaint alleges claims for: (1) violation of Section 9210 of the California Commercial Code (Give Back); (2) Violation of Section 9610 of the California Commercial Code (Give Back); (3) California Business and Professions Code section 17200, et seq. (Give Back); (4) Declaratory Relief (Give Back); (5) Fraud – Intentional Misrepresentation (Von Furstenburg); (6) Negligent Misrepresentation (Von Furstenburg); (7) I...

Excerpt: ...us breach of the covenant of good faith and fair dealing in violation of UC fair dealing clause, (3) breach of contract, and (4) wrongful termination. Defendant Regents of the University of California filed a demurrer with motion to strike the FAC. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether a...

Excerpt: ...to defraud, and two additional claims for common counts. Plaintiff alleges that around June 2017, Gallizio needed money to operate Orisha, LLC and came to Ghandour and sought a loan. Ghandour and Gallizio orally agreed to a loan “on behalf of their respective companies, and as such, TIC loaned Orisha, Gallizio's company, $150,000 payable in one year at the rate of 12% per annum.” (Compl. ¶ 12.) The following year, “[i]n or about June 2018,...

Excerpt: ...pear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. [or] (b) Strike out all or any part of any pleading not drawn or filed in conformity with ...

Excerpt: ...ms”) filed a first amended complaint (FAC) against Defendant Leslie Gail, Le Sangreal, and Does 1 – 10 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. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer ...

Excerpt: ...hat Plaintiff could include the contracts with the attorney's fees clause. The Court ordered Plaintiff to file any supplemental evidence via declaration by January 28, 2022, and any objections to that evidence by February 2, 2022. LEGAL STANDARD “[A]ttorney fees are available under Civil Code section 1717 only if the party prevails in an action on the contract.” (Hyduke's Valley Motors v. Lobel Financial Corp. (2010) 189 Cal.App.4th 430, 435....

Excerpt: ... Bus. & Prof. Code §§ 17200 for allegedly failing to renew her employment contract and allegedly discriminating against her based on her conservative beliefs and outside political activity. Defendant Le Lycee Francais De Los Angeles filed a demurrer to the FAC. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determ...

Excerpt: ...libu property); (6) partition and accounting (610 Azusa); (7) partition and accounting (332 Azusa); 8. partition and accounting (334 Azusa); (9) declaratory relief – waiver of partition; and (10) declaratory relief – for-sale sign against Cross-Defendants Chandra Fortier (“Chandra” or “Fortier”), Jason LaBerge (“Jason”) and others. BASIS FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION On November 5, 2021, Cross-Defendant Chandra Fortier...

Excerpt: ...od. (See FAC ¶ 13.) Plaintiffs assert claims for battery, the Drug Dealer Liability Act, and negligence. Plaintiffs also assert that certain defendants are liable based on agency liability and civil conspiracy. On April 19, 2021, Plaintiffs filed a first amended complaint (“FAC”). On May 19, 2021, Elias Wehbe (“Wehbe” or “Defendant”) filed a demurrer to the FAC. On July 29, 2021, Defendant Shawne Merriman filed a joinder to the demur...

Excerpt: ...osmans dismissed without prejudice their trespass cause of action. The Grosmans are the owners and part-time residents of real property known as 30040 Morning View Drive, Malibu, California 90265 (“Grosman Property”). (Compl. ¶ 1.) Kasloff is the owner of the property adjacent to Plaintiff's property, 30020 Morning View Drive, Malibu, California 90265 (“Kasloff Property”). The Grosman Property “has been and is accessible by road only o...

Excerpt: ...ed a special motion to strike. This case involves a dispute over the operation of a medical marijuana dispensary at 12320 W. Pico Boulevard, Los Angeles, California, 90064. REQUEST FOR JUDICIAL NOTICE Plaintiffs requests judicial notice of Exhibits 1 – 2 pursuant to Evidence Code 451(f) and 452(c), (d) and (h). These documents are judicially noticeable pursuant to 452(d) as court records, specifically the complaint and the first amended complai...

Excerpt: ...entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or [2] the date of service of written notice of entry of judgment or dismissal, or [3] within 180 days after entry of judgment, whichever is first.” (Cal. Rules of Court, Rule 3.1700(a).) “The time provisions relating to the filing of a memorandum of costs, while not jurisdictional, are mandatory.” (Sanabria v. Embrey (2001) 92 Cal.App.4th 422, 426 [quot...

Excerpt: ... Resorts, Inc., Jojo Ryder, and Does 1-100. Defendants filed a demurrer with a motion to strike. Plaintiff did not file an opposition and instead, Plaintiff's counsel filed a declaration attesting that the parties had been discussing a proposed stipulation regarding continuing the hearing or granting Plaintiff additional time to file an amended complaint. (See Hofman Decl. ¶ 2.) Plaintiff contends that he did not file an amended complaint or an ...

Excerpt: ...ivil Code section 1717 only if the party prevails in an action on the contract.” (Hyduke's Valley Motors v. Lobel Financial Corp. (2010) 189 Cal.App.4th 430, 435.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing ...

Excerpt: ...��Plaintiffs”) filed a five-count complaint against Defendant National Mortgage Resources, Best Alliance Foreclosure and Lien Services Corp., and Does 1 through 50. On August 25, 2021, Plaintiffs filed a first amended complaint containing the same claims for (1) violation of Civ. Code § 2923.5, (2) violation of Fin. Code §4978(a) for violating Fin. Code §§ 22009 and 22100(a), (3) violation of Fin. Code §4978(a) and Cal. Const. art. xv, §1...

Excerpt: ...osing, and reply briefs and any accompanying documents shall be filed and served within the periods specified by Section 659a, and the hearing on the motion shall be set in the same manner as the hearing on a motion for new trial under Section 660.” (Code Civ. Proc., § 629(b).) “A judgment notwithstanding the verdict can be sustained only when it can be said as a matter of law that no other reasonable conclusion is legally deducible from the...

Excerpt: ...ent to arbitrate unless the petitioner denies the existence of such an agreement. (b) Set forth the names of the arbitrators. [and] (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.” (Code Civ. Proc., § 1285.4.) The petition must also “name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 128...

Excerpt: ..., M.D., and Does 1-100 for (1) dangerous condition of public property, (2) negligence, and (3) medical malpractice. The third cause of action for medical malpractice is asserted against Defendants Michael Lippman, M.D., Inc. and Michael Lieppman, M.D, and Does 76-100. On March 12, 2021, Defendants Michael Lippman, M.D., Inc. and Michael Lieppman (the “Lieppman Defendants” or “Defendants”) filed a demurrer to Plaintiff Evan Pierce's first ...

Excerpt: ...or “Leago”) and Does 1 – 25 for (1) breach of fiduciary duty, (2) constructive fraud and (3) legal malpractice. On April 12, 2021, Troncale filed a first amended complaint. On June 18, 2021, the Leago Defendants filed a demurrer with motion to strike the first amended complaint. On August 18, 2021, the Court overruled the demurrer to the constructive fraud and sustained the demurrer to the legal malpractice claim with leave to amend as to d...

Excerpt: ...ofits, account stated), fraud, and false pretense as well as federal claims. In the statement of facts, Plaintiff alleges, “Mr. Miller, a Sacramento, California resident . . . made several small cash investments and gave continuing creative support and thus became majority partner, chief executive officer, head producer, song composer and arranger, musical and talent director and a performing musician for a Seattle based internet only recording...

Excerpt: ...is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (Code Civ. Proc., § 425.16(c)(1).) Awards to Plaintiffs for prevailing and showing that the special motion to strike was frivolous or solely intended to cause unnecessary delay are reviewed for abuse of discretion. (Moore v. Shaw (2004) 116 Cal.App.4th 182...

Excerpt: ..., 2021, Plaintiffs filed a Doe amendment naming INEOS Americas LLC as Doe 33 and INEOS USA LLC as Doe 34 to the FAC (“INEOS Defendants”). In the FAC, Plaintiffs alleged, with respect to Does 30 -200, “Presently unknown manufacturers, suppliers, distributors, retailers, trademark owners, and other entities in the chain of distribution of chemical products to which Plaintiff was exposed, and which Plaintiff alleges were substantial factors in...

Excerpt: ...sition, the court, upon motion reasonably made by any person described in subdivision (b) . . . may make an order quashing the subpoena entirely . . .. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1(a).) California Rules of Court require separate statements fo...

Excerpt: ...ss; and (4) negligence. DeLuca alleges that American Express' conduct and police report lead to DeLuca being arrested for grand theft. DeLuca alleges that he purchased a $55,000 Rolex with his American Express Black Card from Geary's Department Store in Beverly Hills, but noticed that the receipt for the watch was for Vida Yahgmai (“Yahgmai”) and not DeLuca. (Compl. ¶ 8.) DeLuca informed American Express of this discrepancy and they suggeste...

Excerpt: ...� (Compl. ¶ 1.) Plaintiff also alleged that “Hargis Home is a residential facility for disabled or dependent persons and is located at 8924 Hargis Street, Los Angeles, California 90034.” (Ibid.) Plaintiff further alleged, “Between December 2017 and July 27, 2018, JOHN DOE exhibited repeated and sometimes unpredictable outbursts of physical violence and aggression towards himself, resident, clients, patients, staff and other individuals.”...

Excerpt: ...ng papers. On December 28, 2021, Plaintiff filed a motion for leave to file a first amended complaint noting that it was identical to the December 9, 2021, ex parte application for leave to file her first amended complaint (FAC). On December 29, 2021, Plaintiff filed a reply to opposition filed by Defendant. LEGAL STANDARD Code of Civil Procedure section 473(a)(1) provides: “The court may, in furtherance of justice, and on any terms as may be p...

Excerpt: ...ss; and (4) negligence. DeLuca alleges that American Express' conduct and police report lead to DeLuca being arrested for grand theft. DeLuca alleges that he purchased a $55,000 Rolex with his American Express Black Card from Geary's Department Store in Beverly Hills, but noticed that the receipt for the watch was for Vida Yahgmai (“Yahgmai”) and not DeLuca. (Compl. ¶ 8.) DeLuca informed American Express of this discrepancy and they suggeste...

Excerpt: ...� (Compl. ¶ 1.) Plaintiff also alleged that “Hargis Home is a residential facility for disabled or dependent persons and is located at 8924 Hargis Street, Los Angeles, California 90034.” (Ibid.) Plaintiff further alleged, “Between December 2017 and July 27, 2018, JOHN DOE exhibited repeated and sometimes unpredictable outbursts of physical violence and aggression towards himself, resident, clients, patients, staff and other individuals.”...