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.”...

Excerpt: ...(2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040[; and] (3) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute.” (Code Civ. Proc., § 2031.310(b).) However, “[e]xcept as otherwise provided in this chapter, any party shall be entitled as a matter of right to...

Excerpt: ...Standard California Rules of Court, Rule 3.1324 deals with motions to amend pleadings. (See Cal. Rules of Court, Rule 3.1324.) The rule requires that such motions must be supported by a declaration. (Cal. Rules of Court, Rule 3.1324(b).) A party must file a cross-complaint against any of the parties who filed the complaint or cross- complaint against him or her before or at the same time as the answer to the complaint or cross- complaint. (Code C...

Excerpt: ...claratory relief, and (5) conversion. Stein alleges, “[w]ithin the course of their partnership, Stein presented Winnick with a business opportunity to pursue and purchase the rights to use the 2.5 Ghz wireless spectrum. Stein would go on to spend countless hours with Winnick developing the EBS business opportunity. When Winnick learned he could make in excess of $10 million profit on the very first transaction he decided it was time to breach h...

Excerpt: ...) declaratory relief, (4) negligence, and (5) fraud against several cross- defendants, including Esplanade Builders, Inc. (“Esplanade”). Trademark alleges that to the extent the allegations in American's cross-complaint can be proven at trial or otherwise, Trademark alleges on “informed and believes, and based thereon alleges that the negligent and careless acts and/or omissions of cross-defendants, and each of them, proximately caused and/...

Excerpt: ...t Creditor James Dutton (“Creditor”) filed a motion to compel further responses related to Defendant/Judgment Debtor Robert Ouriel's (“Debtor”) responses to requests for production of documents. Creditor seeks further responses to requests for production of documents. LEGAL STANDARD Requests for production of documents “The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone a...

Excerpt: ...291. (SAC ¶ 2). The restaurant was destroyed in a fire. (See SAC ¶ 58.) Plaintiffs allege that various Defendants, including Jacques Wylan Plumbing, Inc. (JWP) are liable for negligence, premises liability, private nuisance, and trespass. Jacques Wylan Plumbing, Inc. filed a demurrer with a motion to strike the SAC. The Abbot Kinney Grill, LLC' filed a stand-alone motion to strike portions of the SAC. LEGAL STANDARD “Before filing a demurrer ...

Excerpt: ...(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, and (10) declaratory relief – for-sale sign. LEGAL STANDARD Upon a properly noticed motion of a party made no later than the close of...

Excerpt: ...xs. 3 & 4.) The Subpoena contained four document requests. (See Ex. 1 at attachment 3, pp. 2-3, see also Sep. Statement at pp. 3:4-11, 5:2- 21,7:25-27, 10:4-5.) Oubre seeks an order compelling compliance with the subpoena, arguing that both Marcus' objections and LeDuff's objections are without merit. Oubre also seeks monetary sanctions. LEGAL STANDARD Parties can obtain discovery from nonparties through a “deposition subpoena.” (See Code Civ...

Excerpt: ...Listing Agreement when Defendants concealed a sale of real property located at 2223 Marine Street, Santa Monica, CA for $2,495,000 without providing Coldwell the agreed upon commission. (Compl. ¶¶ 7-8, 11.) Coldwell alleged damages of $143,250.00. (Compl. ¶ 12.) On October 14, 2021, the Court granted Plaintiff's Motion for entry of Judgment pursuant to Stipulation. On October 20, 2021, Plaintiff reserved a “motion to determine party prevaili...

Excerpt: ...erts that Mainwaring sexually assaulted Plaintiff first over the telephone, which later escalated to sexual assault in person when Plaintiff visited UCLA. Plaintiff alleges that defendant Regents facilitated and ratified Mainwaring's sexual assaults by failing to discharge, dismiss, discipline, suspend, or terminate their affiliation with Mainwaring, despite having notice that Mainwaring was sexually assaulting minors. Plaintiff alleges that this...

Excerpt: ...e, (2) invasion of privacy, (3) spite fence abatement – Civil Code 841.4, (4) violation of LAMC 41.30 (pursuant to Govt. Code 36900), (5) violation of LAMC 12.22.C.20(f) (pursuant to Govt. Code 36900, (6) violation of LAMC 12.08.C.2 (pursuant to Govt. Code 36900), and (7) declaratory relief. GROUNDS FOR MOTION Grace makes this motion on the grounds that there are no triable issue of material facts as to the following nine issues: Third cause of...

Excerpt: ...ssociates, Cardiff Giant, LLC and Does 1 - 100. Plaintiffs' second amended complaint (SAC) contains claims for (1) professional negligence, (2) Negligent Misrepresentation, (3) Breach of Fiduciary Duty, (4) Breach of Fiduciary Duty, (5) Aiding and Abetting Breach of Fiduciary Duty, (6) Aiding and Abetting Breach of Fiduciary Duty, (7) Conversion, (8) Aiding and Abetting Conversion, (9) Larceny (Penal Code § 496), (10) Fraud – Intentional Misre...

Excerpt: ...rrer (i.e., words, phrases, prayer for damages, etc.). (See Code Civ. Proc., §§ 435, 436, & 437.) “The grounds for a motion to strike shall appear 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 irreleva...

Excerpt: ...es is located at 742,744, 746 & 748 Brooks Avenue, Venice, CA 90291 within the city limits of Los Angeles. (SAC ¶ 3b(1).) Plaintiff seeks back rent and possession of the premises. On November 22, 2021, Defendant Affinity House, Inc. filed a motion for summary judgment. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to dete...

Excerpt: ...cia Roberts Trust dated May 2, 2005 filed a third amended complaint (TAC) against Defendants Bank of America, National Default Servicing Corporation and Does 1-50 for (1) promissory estoppel; (2) unlawful and unfair business practices under the UCL; (3) declaratory relief; and (4) fraud. The TAC references Plaintiff and Plaintiffs. For consistency, the Court uses “Plaintiff.” On December 22, 2020, Bank of America filed a demurrer to the TAC. ...

Excerpt: ...0, VIN # 4JGDF7DE3FA445202. On June 4, 2020, Defendant Mercedes-Benz USA, LLC and Keyes European, LLC (“Moving Defendants”) filed a motion to compel arbitration. On November 17, 2020, Defendant W.I. Simonson Inc. (“Simonson”) filed a joinder to the motion to compel arbitration. LEGAL STANDARD Compelling arbitration pursuant to the Federal Arbitration Act The Federal Arbitration Act provides that “[a] written provision in any . . . contr...

Excerpt: ...ef is made no more than six months after entry of judgment, is in proper form, 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 d...

Excerpt: ...e. This action arises from injuries allegedly sustained from the use of a Bird electric scooter. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10; Young v. Gannon (2002) 97 Cal.App.4th 209, 220. The court “may consider all material facts pleaded in the complaint and those arising by reasonable implication therefrom; it may not consider con...

Excerpt: ...CA 90046. Plaintiff further alleges that the apartment was, and still is, uninhabitable. On December 15, 2020, Defendants Arc Gardner, LLC, LB Property Management, Inc., Marisol Ruiz, Greg De Rubeis (“Defendants”) filed a demurrer to the complaint. 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 wheth...

Excerpt: ...ismissal 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).) Under Code of Civil Procedure section 1033.5(c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incur...

Excerpt: ...ollectively, "Defendants" or "Farmers") owe a duty to defend Nancy Bushnell and Nolan Bushnell under Broad Form Renters Policy No. 91640-41-72. (Agoura Policy). On reply, Plaintiffs note that they withdraw the MSA as to Farmers and Mid-Century Insurance Company. Therefore, the issue Plaintiffs seeks summary adjudication is to whether Fire Insurance Exchange owes a duty to defend Nancy Bushnell and Nolan Bushnell under Broad Form Renters Policy No...

Excerpt: ...for a permanent injunction, or in the alternative, a preliminary injunction. The Court only considers the September motion. Arfa requests that the permanent injunction should enjoin Elise from violating LAMC Section 12.22-C,20(f) along the shared border line between 2835 McConnell Drive and 2839 McConnell Drive as follows: (1) Pursuant to LAMC Section 12.22-C,20(f)(2), Elise's hedges/fence in the front yard must adhere to a height of no more than...

Excerpt: ...y's fees as to said defendant. On May 3, 2021, the Court entered judgment in favor of Plaintiff and against defendants Amrita Multani, individually and dba Subway, and Surjit Multani, individually and dba Subway, jointly and severally. (See 05/03/2021 Judgment.; see also nunc pro tunc order 05/06/2021.) On June 21, 2021, Plaintiff Regency Centers, L.P, filed a “motion to determine that plaintiff is a prevailing party.” Plaintiff seeks attorne...

Excerpt: ...nk, Trustee of the Jeff Pink Family Trust, date October 16, 2016, Beverly Spalding Court Homeowners' Association, a nonprofit mutual benefit corporation, Frederick “Gordon” Gelfond, an individual, Earl “Richie” Jones, an individual, Pascal Landi, an individual, Inner Gardens, Inc., a California Corporation (“Doe 1”) and Does 2 through 20 (collectively “Defendants”) for (1) negligence, (2) breach of fiduciary duty, (3) premises lia...

Excerpt: ... she interfered with JCTLA's main asset – the 433 South Beverly Glen Boulevard, Los Angeles, California 90024 property. (See Compl. ¶ 34, 16.) Justin Liu alleged that he performed “construction services on the Property and eventually got it rented. Further, Plaintiff was performing his management duties when Defendants [allegedly] improperly interfered with the rental income being generated by the Property thereby breaching various duties.�...

Excerpt: ...rosmans 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 ...

Excerpt: ...ise made without intention to perform; (4) Assault; (5) Battery; (6) Trespass/wrongful eviction; (7) Intentional infliction of emotional distress; (8) Violation of the Unruh Civil Rights Act; (9) Violation of the Ralph Civil Rights Act; (10) Violation of the Unfair Competition Law (Business and Professions Code sections 17200- 17208 et seq.); (11) Violation of the California Constitution, Article I, et seq.; (12) Violation of Civil Code section 7...

Excerpt: ...terrogatories, special interrogatories, RFAs, and requests for production of documents on Defendants. (Jin Decl. ¶¶2-5, Ex. A-D.) Defendants contend that the discovery consists of 558 Requests for Production of Documents, 376 Request for Admissions, 872 Special Interrogatories, and Form Interrogatories, Set One. Defendants bring this motion under Code of Civil Procedure section 2031.060 on the grounds that a protective order is warranted to pro...

Excerpt: ...STANDARD “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.” (Code Civ. Proc., § 473.) California Code of Civil Procedure section 576 also grants the court power to allow a party to amend its pleading. Parties seeking to amend a comp...

Excerpt: ...ount, (5) unjust enrichment, (6) accounting, (7) fraudulent concealment, (8) declaratory relief, (9) breach of the implied covenant of good faith and fair dealing, and (10) quantum meruit. On March 29, 2021, Defendant Richard Kay 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 pur...

Excerpt: ... misrepresentation (labeled as intentional tort). This action arises out of the alleged services and repair of a 1975 Cadillac El Dorado Convertible, VIN 6L67S5Q266789. On September 12, 2018, Plaintiff filed a first amended complaint. Following the demurrer to the first amended complaint, Plaintiff filed a second amended complaint (“SAC”). Defendants filed a demurrer with motion to strike the SAC. LEGAL STANDARD A demurrer for sufficiency tes...

Excerpt: ...agent, and/or a dual broker-agent with duties to both the Cortazzos and Farmers.” (Compl. ¶ 23.) “As an insurance broker, Baker had a duty to exercise reasonable care in handling the Cortazzos' insurance requests. Baker had a duty to procure the insurance that they requested and to do so in a timely manner.” (Id. ¶ 24.) “Prior to the Woolsey Fire, the Cortazzos requested at least $1 million of coverage for landscaping at the Ranch.” (...

Excerpt: ...IED subject to a further hearing under Evidence Code 402 to determine whether or not Dr. Fichman was competent to testify at his deposition on June 18, 2018. Counsel for defendant Dr. Fichman moves under CCP §2025.260(c) to use the videotaped deposition of Dr. Fichman in lieu of having Dr Fichman testify at trial. Council argues Dr. Fichman is unavailable to testify because of a mental infirmity that renders Dr. Fichman incapable of competently ...

Excerpt: ...led a supplemental memorandum in support of the demurrer. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10; Young v. Gannon (2002) 97 Cal.App.4th 209, 220.) “A demurrer is likewise appropriate where the complaint on its face discloses that ‘[t]he court has no jurisdiction of the subject matter of the cause of action.' (Code Civ. Proc., �...

Excerpt: ...mmon to both¿actions, and avoid inconsistent results by hearing and deciding common issues together. (See¿Estate of Baker¿(1982) 131 Cal.App.3d 471, 485.)¿ The granting or denial of a motion to consolidate rests in the trial court's sound¿discretion and¿will not be reversed except upon a clear showing of abuse of discretion.¿(Feliner¿v.¿Steinbaum¿(1955) 132 Cal.App.2d 509, 511.)¿¿¿ California Rules of Court Rule 3.350 provides requir...

Excerpt: ...lnnova") (collectively, "GME") filed a motion for an order determining that the $630,000 settlement reached between Shores and GME was made in good faith pursuant to Code of Civil Procedure Section 877. On October 22, 2021, the Court granted the ex parte application to shorten time for the hearing on this motion. The Court set the opposition due by October 29, 2021. LEGAL STANDARD “A motion or application for determination of good faith settlem...

Excerpt: ...9a1.) Plaintiff alleged that at the time the 3-day notice to quit was served, $7,136.00 in rent was owed. Plaintiff also alleged that “each of the Defendants sued herein was at all times herein mentioned acting as the agent, servant, employee, partner, and/or alter ego of each of the remaining Defendants and was at all times herein mentioned acting within the purpose and scope of said relationship.” (Compl. at attachment 17.) Plaintiff reques...

Excerpt: ... Corporation, filed a 127-page (including exhibits) verified first amended complaint containing 22 claims. The claims begin on page 59 of the first amended complaint. On June 1, 2021, Defendant Ann Lawrence Athey filed a motion for Plaintiff to furnish a $50,000.00 bond pursuant to California Corporations Code sections 800 and 17709.02. LEGAL STANDARD Corporations Code section 800(c) provides, “In any action referred to in subdivision (b), at a...

Excerpt: ...ents 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 that the party upon whom the requests have been served has provided a response that is in substantial compliance with section 2033.220. Discovery sanctions are mandatory “on the party or attorney, or both, whose failure to serve a timely response to r...

Excerpt: ...e first amended complaint (“FAC”). In the FAC, Howell assert claims for Negligence (COA 1); Concealment – Fraud (COA 2); Conspiracy – Concealment (COA 3); Nuisance (COA 4); and Trespass (COA 5). SCE, Edison Power, and Hampton Tedder filed separate demurrers with motions to strike. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . ....

Excerpt: ... (“Petitioner”) filed an amended petition to approve compromise of pending action on behalf of Plaintiff/Minor Claimant, Leo Henckel (“Minor Claimant Leo Henckel”). The petitions are unopposed. Also on October 15, 2021, Petitioner filed an amended petition for Minor Claimant Alexis Henckel. 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 proc...

Excerpt: ...g is directed fails to serve a timely response to” a demand “waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2031.300(a).) “[A] motion to compel responses is not subject to a 45–day time limit, and the propounding party does not have to demonstrate either good cause or that it satisfied a meet and confer r...

Excerpt: ...urt may determine, increased by whatever loadstar multiple is deemed appropriate, as against Defendant United Limousine and Charter, Inc. LEGAL STANDARD “Under the American rule, each party to a lawsuit ordinarily pays its own attorney fees.” Mountain Air Enterprises, LLC v. Sundowner Towers, LLC (2017) 3 Cal.5th 744, 751 [citing Tract 19051 Homeowners Assn. v. Kemp (2015) 60 Cal.4th 1135, 1142].) Code of Civil Procedure section 1021, codifie...

Excerpt: ...ly Trust, dated October 16, 2016, Beverly Spalding Court Homeowners' Association, Earl “Richey” Jones (“Jones”), Pascal Landi (“Landi“), Farshad “Peter” Naysan (“Naysan”), Frederick “Gordon” Gelfond (“Gelfond”), and other defendants for (1) negligence, (2) breach of fiduciary duty, (3) nuisance, (4) breach of the conditions, covenants and restrictions, and (5) injunctive relief. On March 29, 2021, Defendants Beverly Sp...

Excerpt: ...erican/BCEGZ entered a construction contract with project owner Cross-Complainant Shores, LLC (“Shores”) to build an apartment complex in Marina Del Rey, California (“Project”). On September 5, 2018, Shores filed its third amended cross-complaint (“TACC”). Shores' first cause of action is for breach of contract and second cause of action is for breach of express warranty and names AMF, JV, BCEGI, and Roes 1-100, as defendants. (See TA...

Excerpt: ...arantee. Plaintiff is the owner of a commercial retail development located at 10814 Jefferson Boulevard in Culver City, California (the “Premises”). Defendant HYP, LLC (“HYP”) is the lessee of a unit in the Premises designated as Suite L (“Suite L”). Defendant Martin Tate is the managing member of HYP. Yassi Tate is a member of HYP. Defendant Hossein Safavi (now deceased) and Pari Safavi are personal guarantors of the lease. On May 18...

Excerpt: ...ducts which contained toxins and chemicals which allegedly caused or contributed to the development of Plaintiff Jose Mireles's kidney cancer. LEGAL STANDARD “After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other's expert trial witnesses.” (Code Civ. Proc., § 2034.210.) The demand may include “a mutual and simultaneo...

Excerpt: ...y Trust”), Jane Fishman, and Ed Fishman for the purchase of a residential home located at 27234 Pacific Coast Highway, Malibu, CA 91403 (the “Home”). (FAC ¶ 15.) At the same time, Plaintiff Club 55, LLC entered into a contract with Defendant Jesse Fishman 2013 Trust (“Jesse Trust”) for the purchase of the lot adjacent to the home located at 27242 Pacific Coast Highway, Malibu, CA 91403 (the “Lot” or the “27242 Property”). (Id. ...

Excerpt: ...lation of the California Uniform Commercial Code § 9623; (7) violation of the California Uniform Commercial Code §§ 9610-11; and (8) breach of oral agreement. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurr...

Excerpt: ...rally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6(a).) “If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Id.) In hearing a section 664.6 motion, the trial court may receive evidence, determine dis...

Excerpt: ...) filed an action against Defendant Brian S. Nicolaides for three common counts and one claim for quantum meruit. On November 13, 2018, pursuant to the Stipulation for Conditional Entry of Judgment and Dismissal Pursuant to C.C.P. 664.6, the Court dismissed the action and retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure Section 664.6. (See 11/13/2018 Minute Or...

Excerpt: ...uests for production of documents on 4 Malibu and also on David Eytan Levin. (Jin Decl. ¶¶2-5, Ex. A-D.) The discovery consists of 558 Requests for Production of Documents, 376 Request for Admissions, 872 Special Interrogatories, and Form Interrogatories, Set One. Defendants bring this motion under Code of Civil Procedure section 2031.060 on the grounds that a protective order is warranted to protect Defendants from unwarranted annoyance, oppre...

Excerpt: ...prior demurrer. On March 11, 2021, Cross-Defendant Brunsing Associates, Inc. (“BAI”) filed a demurrer with a motion strike the first amended cross-complaint (FACC). LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the...

Excerpt: ...iled suit to recover the balance by asserting claims for (1) breach of contract, (2) common count for money lent, and (3) common count for money had and received. Mobasser filed a demurrer as well as a motion to dismiss or stay for forum non conveniens. Motion to Dismiss for Forum Non Conveniens LEGAL STANDARD “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, ...

Excerpt: ...t”). American posted a construction performance bond to provide security for the work to be performed, Bond Number 879889 (the “Bond”), issued by Cross-Defendant The Insurance Company of Pennsylvania (“Surety”). On September 5, 2018, in its third amended cross-complaint (TACC), Shores seeks a judgment that it is entitled to recover against the Bond through the fifth cause of action (Recovery on Performance Bond). The fifth cause of acti...

Excerpt: ... Caltrans (the “State”) as a defendant. In the FAC, Howell assert claims against the State for: Negligence (COA 1); Concealment – Fraud (COA 2); Conspiracy – Concealment (COA 3); Nuisance (COA 4); and Trespass (COA 5). On January 8, 2021, the State filed the demurer and 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...

Excerpt: ... Cross-Complaint of AG Properties, Inc. dba AG Construction and to the Cross-Complaint of AG Properties, Inc., and AG Construction with Motions to Strike (Combined) BACKGROUND On March 5, 2020, AG Properties, Inc. and AG Construction filed a cross-complaint for equitable/implied indemnity, apportionment of fault, declaratory relief, contribution and negligence, and breach of contract. Also on March 5, 2021, AG Properties, Inc. dba AG Construction...

Excerpt: ...tter 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 the laws of this state, a court rule, or an order of the c...

Excerpt: ...6) fraud. On July 12, 2021, Behrouz Shafie and Behrouz Shafie & Associates, filed a special motion to strike the entire cross-complaint, or alternatively, to strike the Fifth Cause of Action of the Cross- complaint for Abuse of Process. LEGAL STANDARD “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Const...

Excerpt: ...a response to the interrogatories. (Code Civ. Proc., § 2030.290(b).) A party that fails to respond to interrogatories “waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2030.290(a).) However, the Court, “on motion, ...

Excerpt: ... § 177.5 for failure to comply with the Court's October 6, 2020 order. After reviewing the opposition to the OSC and the attached declaration of Hays, the Court concludes that Hays and Wolfe (who did not file a declaration) failed to present any evidence in support of their contention that they were unable to comply with the Court's order. The following is the substance of the Court's OSC re Contempt order that shall be personally served on Hays...

Excerpt: ...s Health Center filed a joinder. On September 7, 2021, Plaintiffs filed an opposition. September 10, 2021, Plaintiffs filed an amended opposition. LEGAL STANDARD Code of Civil Procedure section 583.310 states, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” Section 583.360 provides that “[a]n action shall be dismissed by the court on its own motion or on motion of the defendant,...

Excerpt: ...ints (FACC) against Plaintiffs and several subcontractors, including Blue Line, for (1) equitable/implied indemnity; (2) apportionment of fault; (3) declaratory relief; (4) contribution; (5) negligence; and (6) breach of contract. LEGAL STANDARD “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlem...

Excerpt: ...ued to 05/24/21. (See 02/11/2021 Minute Order.) On April 6, 2021, the Court notified the parties that FSC had been reset for May 12, 2021. (See 04/06/2021 Notice re: Continuance of Hearing and Order.) On April 22, 2021, the Court issued a Nunc Pro Tunc Order clarifying that the parties were to schedule and attend a Mandatory Settlement Conference with the Honorable Judge Marc Gross through Department R205 at Beverly Hills Courthouse. (See 04/22/2...

Excerpt: ... that fails to respond to interrogatories “waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2030.290(a).) The Court shall impose a monetary sanction under Chapter 7 “against any party, person, or attorney who unsucc...

Excerpt: ...ion, and declaratory relief. Borison obtained an order allowing Defendant Nicholas Gutsue to be served by publication. Borison filed a proof of publication on July 15, 2021. On August 23, 2021, Borison filed a request for entry of judgment. On September 10, 2021, Gutsue filed a motion to set aside the default. On September 13, 2021, the Court granted Borison's request for entry of default judgment. At the ex parte, the Court shortened the time fo...

Excerpt: ...ling on April 12, 2021. The Notice of ruling states, “Discovery remains closed except . . . Wetherly may depose Plaintiff (on all issues) and conduct discovery concerning Plaintiff's alleged personal injuries (i.e., subpoenas directed to and depositions of Plaintiff's health care providers, requests for production directed to Plaintiff and a medical examination of Plaintiff and reasonable follow-up discovery). For the avoidance of doubt, such d...

Excerpt: ... action is directed at Gates Security and Palisades Patrol Services. Plaintiff alleges that Defendants made false statements to the police that resulted in Plaintiff's arrest and criminal prosecution. Defendants filed a special motion to strike. After taking the matter under submission, the Court granted defendants Gates Security and Palisades Patrol Services special motion to strike. The Court further granted defendant Anthony Gonzales' joinder ...

Excerpt: ... widow and is also representing the estate of Guy Cognein. Defendants Kathi Dolan and Fire Insurance Exchange filed separate demurrers to the FAC. The demurrers are unopposed. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised...

Excerpt: ...ng affected by the settlement and the date on which the affected pleading was filed.” (CRC Rule 3.1382.) “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner pr...

Excerpt: ...pal and its attorneys refused to wear face masks despite repeated requests from Ms. Amde's counsel. Ms. Amde seeks a protective order directing Plaintiff to take the deposition of Ms. Amde remotely. In the alternative, Ms. Amde, seeks an order requiring all persons present at the deposition to wear face masks should the deposition take place in person. On August 27, 2021, Plaintiff Marble One, LLC filed a motion to compel the Deposition of Defend...

Excerpt: ...nt, promissory fraud, quantum meruit, and common count arising out the construction and sale of a piece of real property. On October 20, 2020, Plaintiffs filed second amended complaint (labeled first amended complaint). Defendants Alan I. Schimmel, and S&B Investments, LLC filed a demur and motion to strike to this complaint, which the Court will identify as the FAC. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges fa...

Excerpt: ...aterproofing Forensics Person Most Qualified (PMQ), (ii) that Mr. Vanderslice is the individual that they expect to designate as an expert witness, and (iii) Folger Roofing can (only) take the deposition of Mr. Vanderslice as an expert witness should they designate him (and then only on the eve of trial). Folger Roofing Noticed the Deposition of the PMQ of Roofing and Waterproofing Forensics for September 24, 2020. (Morssion Decl. ¶ 2.) Counsel ...

Excerpt: ...nsider the matter and modify, amend, or revoke the prior order.” (Code Civ. Proc., § 1008(a).) “[F]acts of which the party seeking reconsideration was aware at the time of the original ruling are not ‘new or different.'” (In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468 [citing Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690].) “The party making the application shall state by affidavit what application was made before, when an...

Excerpt: ...iled in December 2019. Plaintiffs alleges six causes of action, including: (1) violation of Elder Abuse and Dependent Adult Civil Protection Act (Neglect); (2) strict liability – failure to warn; (3) breach of fiduciary duty – fraud by concealment; (4) professional negligence (medical malpractice); (5) wrongful death; and (6) unfair business practices in violation of California Business and Professions Code Sections 17200-17208. On December 2...

Excerpt: ...��Cross-Complainant” or “BRF”) counsel of record, Jeffrey Konvitz, from testifying at trial or, in the alternative, for an order shortening time for a noticed hearing on the matter. At the hearing on the ex parte applications filed by both parties, the Court held that the ex parte application needed to be fully briefed and set a hearing date. (See 08/26/2021 Minute Order.) LEGAL STANDARD Rule 3.7(a) of the Rules of Professional Conduct prov...

Excerpt: ...(“Amir”) and Bonnie Rejaei (“Bonnie”), and Does 1 -5. This is a dispute between a lawyer and his former clients. (See FAC ¶2:3-6.) On February 18, 2021, the Court held an IDC wherein “counsel for defendants agree[d] to supplement his response to Special Interrogatories 14.1 and 15.1, correct procedural defects in his response to the RFPs, and respond to form interrogatory 17.1 Counsel further agree to provide responses by March 1” (S...

Excerpt: ... Does 1 -10. Defendant Jake Dempsey was served on February 22, 2021. Default was entered against Defendant Jake Dempsey on March 25, 2021. Dempsey filed a motion to set aside default on April 12, 2021. LEGAL STANDARD Under Code of Civil Procedure, section 473(b), an application for relief based on a party's mistake, inadvertence, surprise, or excusable neglect must be made no more than six months after entry of the order from which relief is soug...

Excerpt: ...Code of Civil Procedure section 1060. The trial in this action is set for September 27, 2021. On April 9, 2021, Cross-Complainant filed a motion to invoke the crime-fraud exception to attorney-client privilege. On September 6, 2020, BRF served its Request for the Production of Documents, Set No. 1, on Geringer. Geringer responded on November 3, 2020 (after an extension). (See Konvitz Decl. ¶ 34, Ex. K.) There were five document demands and the a...

Excerpt: ... ¶1.) Petitioner has filed this petition as a writ of mandate and for declaratory relief. Petitioner alleges the “Assessor has sought 11 continuances of the hearings, pursuant to Revenue and Taxation Code section 1604, subdivision 12(c), on these applications over the past seven years due to the criminal prosecution of the former Assessor and the Assessor's representative, the Assessor's appraiser, and Petitioner's former agent, Ramin Salari, ...

Excerpt: ...for accounts that she worked on. The court also granted a motion for judgment on the pleadings with leave to amend. On June 4, 2021, the Court granted Plaintiff Adrienne Doustkam's motion for leave to file a second amended complaint (SAC). Plaintiff's SAC is a 14-count complaint against Defendants Tax Credit Group and Pejman J. Sage.[1] LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a ...

Excerpt: ... Does 1 – 100, and Marina City Club Condominium Owners Association (nominal defendant) for breach of fiduciary duty, breach of contract, and accounting. The first cause of action was against the “Director Defendants,” who were identified as defendants Kelliher, Bergmann, Pesce, Rahmati and Bryce (see FAVDC ¶ 16, p. 11:27), and the third cause of action was against all defendants for an accounting. The Court deemed the FAVDC filed on Februa...

Excerpt: ...y September 1, 2021, and reply to be filed by September 3, 2021. (See id.) On August 25, 2021, Cross-Defendant and Cross-Complainant Nadel Residential and Commercial, Inc.'s filed its motion for a determination of a good faith settlement between itself and Shores. Cross-Complainant/Cross-Defendants Trademark and Railcraft filed limited oppositions. LEGAL STANDARD “A motion or application for determination of good faith settlement may include a ...

Excerpt: ...tatement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) Motions to compel further responses must be timely to be considered. (See Code Civ. Proc., § 2031.310(c).) A party filing a motion to compel further needs to comply with two requirements. First, a party filing a...

Excerpt: ...nd amended complaint (“SAC”) against Defendant Terramar Retail Centers, LLC (“Terramar”), Operating Co., and Does l-10 alleging claims for (1) breach of fiduciary duty, (2) breach of contract, (3) breach of the covenant of good faith and fair dealing, (4) declaratory relief, and (5) derivative liability. On April 12, 2021, Terramar filed an answer to the SAC. LEGAL STANDARD Upon a properly noticed motion of a party made no later than the ...

Excerpt: ...endant BW Partners, II, LLC ("BW"), a California limited liability company that owns the real property located at 1104 North Tigertail Road, Los Angeles, CA, 90049. (Id. ¶ 2.) On July 12, 2021, the Court held a hearing on an ex parte application for a temporary restraining order and order to show Cause re preliminary injunction. The Court denied the TRO application. In Defendant's opposition to this motion, Defendant notes that counsel orally st...

Excerpt: ...nt (“FAVDC”) against Neil Kelliher, Peter Bergmann, Louise Pesce, Lahdan Rahmati, Mahvash Rahmati, Donna Bryce, Seabreeze Management Company, Essex Marina City Club, Does 1 – 100 and Marina City Club Condominium Owners Association (nominal defendant) for breach of fiduciary duty, breach of contract, and accounting. The first cause of action was against the “Director Defendants,” who are identified as defendants Kelliher, Bergmann, Pesce...

Excerpt: ...Court for Tarrant County, Texas (the “Texas Action”). (Peña Decl. ¶2, Ex. A.) Petitioner alleges third- party claims in Texas state court against Rick Finkelstein, individually and against Entertainment Factory, LLC, Death House Movie, LLC, Entertainment Factory Music, LLC and Entertainment Factory Studios, LLC for breach of contract, common law and statutory fraud, unjust enrichment/money had and received, violation of statutory securities...

Excerpt: ...sly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (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 ...

Excerpt: ...te, Law Office of Stephen White, and Stephen Edward White (collectively “Cross-defendants”) filed a demurrer to the cross-complaint. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., ...

Excerpt: ...nnon Hathaway as employees of Westwood Gateway I, LLC and/or Westwood Gateway II, The Irvine Company, LLC, Capital Group and Nina Hosea as an employee of Capital Group. Plaintiff alleges false arrest against Officer Hale and the City. The second and third causes of action are against all Defendants except for Officer Hale and the City and are for (2) malicious prosecution and (3) negligence. On June 15, 2021, Defendants Capital Group and Nina Hos...

Excerpt: ...fornia Usury Law, (4) violation of California Usury Law, (5) unfair business practices, (6) an accounting, (7) violation of California Uniform Commercial Code § 9623, (8) violation of California Uniform Commercial Code §§ 9610-11, and (9) breach of oral agreement concerning an alleged rare 2018 Mercedes G650 Landaulet, also known as a G-Wagen. For the declaratory relief claim, VBPI alleges “[a]n actual controversy has arisen and now exists b...

Excerpt: ...e current operative pleading is the First Amended Complaint (“FAC”), which alleges causes of action for (1) negligence, (2) negligent supervision, (3) sexual battery, (4) sexual harassment, (5) gender violence against Mainwaring and Regents. The FAC alleges, in pertinent part, as follows. Mainwaring competed in the Olympics in hurdling in 1976. (FAC, ¶ 10.) In the mid- 1970s Mainwaring began training teenage athletes, by flaunting his own ac...

Excerpt: ...nn, and Does 1 -10. The fourth and fifth causes of action for battery and intentional infliction of emotional distress (“IIED”) are against Tandy and Dunn. Relevant here, Plaintiff alleged, on January 6, 2018, “MR. CHITWOOD went to The Victorian with his mother and friend at approximately 10:00 p.m. After about an hour, MR. CHITWOOD'S mother left the Victorian, and MR. CHITWOOD and his friend congregated in the basement tavern for drinks an...

Excerpt: ...es of action against Defendant for (1) conversion, (2) fraudulent deceit, (3) intentional misrepresentation, (4) breach of fiduciary duty (5) and accounting. In the first amended complaint, Plaintiff alleged that Defendant was Plaintiff's attorney in an employment matter, where Plaintiff was alleging wrongful termination and disability discrimination. Defendant allegedly received a retainer of $7,000.00 from Plaintiff, pursuant to a written conti...

Excerpt: ...sing to pay the rent due. Belkin alleges damages according to proof but no less than $167,134.79. On April 23, 2021, Plaintiff Belkin International filed an application for a writ of attachment. Ordermark's opposition was filed on August 6, 2021. LEGAL STANDARD A party may apply for a prejudgment writ of attachment based an “action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount...