Excerpt: ...ct, and (3) the Fair Debt Collection Practices Act. The cross-complaint itself contains five unlabeled counts. American Express 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...

Excerpt: ...e case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.” (Cal. Rules of Court, rule 3.400(a).) Local Rule 3.3(k)(4) provides, “If a party wishes to seek a designation that a case is a complex case, the party may seek to transfer the case to the Complex Litigation Program in the following manner. The party must complete the Complex Civil Case Questionnaire designated by the Assistant Supervi...

Excerpt: ...ntract; and (2) negligence/breach of implied covenant to perform work in a good and competent manner. On September 21, 2020, Mr. Build filed a first amended 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 i...

Excerpt: ...Edenland, LLC (“Edenland”) and Does 1 through 30 for (1) breach of contract, (2) account stated, (3) reasonable value of goods and services, (4) work, labor, and services, and (5) open book account. CMF alleges it entered into a written agreement with Edenland to remodel real property owned by Edenland. CMF alleges Edenland provided CMF with a written notification to halt all work at the property while Edenland attempted to make arrangements ...

Excerpt: ...sance against Defendants Semhar Amde (“Amde” or “Defendant”)), Walter Girstantas (“Walter”), Carrie Girstantas (“Carrie”), and Austin Girstantas (“Austin”) (collectively the “Girstantas”). The Complaint alleges in pertinent part that on October 20, 2005, an Agreement Imposing Restrictions on Rent and Occupancy of Real Property was filed and recorded with the Los Angeles Recorder's Office (the “Agreement”). (Compl., ¶ ...

Excerpt: ...FAC”). Defendant Cobrae was served with copies of the Summons and Complaint on February 28, 2019. To date, Defendant Cobrae has not responded to this action's operative pleading. The FAC asserts several causes of action against the defendants, including for the enforcement of an attorney's lien. With respect to Cobrae, this action arises from allegations that Cobrae owes Plaintiff a sum amount of money due to Plaintiff's previous legal represen...

Excerpt: ...) false advertising (Bus. & Prof. Code § 17500). Plaintiff is a manufacturer of electronic equipment who maintains contractual relationships with its authorized resellers. Plaintiff alleges that Defendant has sold Plaintiff's products on an Amazon Marketplace store without first entering into an authorized seller relationship with Defendant. Plaintiff further alleges that the products Defendant is selling are refurbished and lack a manufacturer'...

Excerpt: ...Home Owners Association, and Does 1-75, for (1) dangerous conditions of public property and (2) negligence. The operative First Amended Complaint (“FAC”) was filed on February 5, 2021. The FAC removed County of Los Angeles as a defendant and added Michael Lieppman, M.D., Inc. and Michael Lieppman, M.D. The FAC also adds a third cause of action for medical negligence against the newly added defendants. This is a wrongful death action that aris...

Excerpt: ...72, 281-86.) While a default has the effect of “confessing” the properly pleaded facts in the complaint and as such, treated as true, the allegations of the complaint must still state a proper cause of action or the plaintiff is not entitled to a default judgment. (Id. at 282, 286.) This is true because while the default confesses those properly pleaded facts, that is all a default does. (Id. at 281.) “And if the well-pleaded allegations of...

Excerpt: ...ation of the Unruh Civil Rights Act (Cal. Civ. Code §§ 51-53). Plaintiff alleges he suffers from cerebral palsy and uses a wheelchair, walker, or cane for mobility. Plaintiff alleges that he planned on making a trip in October of 2020 to Los Angeles and chose the Huntley Hotel for his stay, which is owned and operated by Defendant. Plaintiff alleges he needed an accessible guest room because of his physical disabilities, but was unable to deter...

Excerpt: ...sary to resolve their dispute.” (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to ...

Excerpt: ...uction of a 544-unit apartment complex owned by Defendant. In pertinent part, Defendant retained Plaintiff, a general contractor, to perform all work associated with the construction of the subject property, including the installation of fire alarms and smoke detectors. Plaintiff alleges that Defendant failed to pay for services rendered relating to the construction of the subject property. On March 6, 2014, Plaintiff filed a Motion to Compel Arb...

Excerpt: ...ing 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 first amended complaint (FAC). LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached...

Excerpt: ...eks summary judgment on its UD complaint, or in the alternative, summary adjudication as to the following affirmative defenses on the basis that there is no valid defense to the action, there is no triable issue as to any material fact, and Plaintiff is entitled to judgment as a matter of law: (1) Twelfth Affirmative Defense (Non-Performance); and (2) Fifteenth Affirmative Defense (Frustration of Purpose/Plaintiff's Breach). LEGAL STANDARD The pu...

Excerpt: ... Labor Commissioner's Office (the “Office”) for unpaid overtime wages, unpaid meal and rest premiums, and waiting time penalties against Appellant. (Engelhardt Decl., ¶ 2.) On July 26, 2019, the Office issued a Notice of Order, Decision, or Award in favor of Respondent and Respondent was awarded $123,311.99. (Engelhardt Decl., ¶ 4.) On August 22, 2019, pursuant to Labor Code § 98.2, Appellant filed a notice of appeal regarding the Office's...

Excerpt: ...and negligence against various contractors and subcontractors, including Cherry Hill. 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 determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure...

Excerpt: ...tion. LEGAL STANDARD Compelling arbitration A party to an arbitration agreement may seek a court order to compel the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2) “The court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the p...

Excerpt: ...scobedo, individually and as successor-in-interest to the Estate of Christina Stephenson and Christian Escobedo (“Plaintiffs”) filed a First Amended Complaint (“FAC”), asserting causes of action against Defendants Emanate Health Medical Center dba Citrus Valley Medical Center Inter-Community Campus (“Emanate”), Robinson V. Baron, M.D. (“Baron”), Ower Castro, M.D. (“Castro”), Mojtaba Moghadam, M.D. (“Moghadam”), Adam J. Sny...

Excerpt: ...of the EJG Family Trust dated January 25, 2018, and Does 1 -20 for (1) nuisance, (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. Plaintiff alleges that in 2006 Plaintiff transferred title of Plaintiffs Prop...

Excerpt: ... Plaintiff Guy Abramov is the son of Plaintiff Amir Abrmov. (See Compl. ¶ 2.) On October 16, 2020, GEICO filed an answer to the complaint. On October 19, 2020, GEICO filed a notice of removal of this action to federal court. On December 2, 2020, the matter was remanded back to this Court. In their complaint, Plaintiffs allege that a 2019 BMW M5 was insured by GEICO under two policies – (1) an umbrella policy and (2) a family automobile insuran...

Excerpt: ... not to respond to questioning on grounds other than privilege; (2) For a protective order prohibiting untoward behavior, improper objections, and coaching; (3) An order appointing a Discovery Referee/Special Master (paid for by the Defense) to chaperone the event, keep the process moving, and prevent improper behavior; and (4) An order awarding sanctions against Defendants and their counsel (Dentons US LLP) in the amount of $10,008.87 for costs/...

Excerpt: ...endants Lynard Chris Hinojosa, Hinojosa & Forer, LLP, and Does 1 -60. Plaintiff alleges that Lynard Chris Hinojosa is an attorney, that Hinojosa & Forer, LLP is a law firm, and that Plaintiff employed Defendants as his lawyers (See Compl. ¶¶ 2, 3, 12.) Plaintiff seeks damages for legal malpractice and elder abuse related to Defendants' conduct in the controversy between Plaintiff and Aviva Leneman Weiner. (Compl. ¶ 8.) Plaintiff alleges that D...

Excerpt: ...t Newmark of Southern California Inc. (“Newmark of Southern California Inc.”) filed a demurrer. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) A demurrer for sufficienc...

Excerpt: ... of lateral support (damages); and (5) nuisance (damages). On March 6, 2019, Plaintiff dismissed the slander of title claim in the complaint. On March 5, 2021, Defendant Nu Find Homes, LLC filed a motion for summary judgment, or in the alternative, a motion for summary adjudication. BASIS FOR THE MOTION To the extent Defendant Nu Find is not granted summary judgment, Defendant Nu Find seeks summary adjudication of the following causes of action o...

Excerpt: ...ongful Eviction; (6) Nuisance; and (7) Concealment. “On June 18, 2018, Defendant notified Plaintiff that it would be performing seismic retrofit work to the Building. Defendant represented that the work would cause only periodic construction noise and vibration, with heavy construction lasting only a few weeks, and with all work anticipated to end in late October 2018.” (Compl. ¶ 12.) Plaintiff alleges that it notified Defendant about the pr...

Excerpt: ...iled a seven- cause of action Cross-Complaint against FC Marketplace, LLC, Funding Circle USA, and Roes 1 -20. On May 13, 2021, Cross-Defendants FC Marketplace, LLC and Funding Circle USA, Inc. filed a motion to stay and compel judicial reference. LEGAL STANDARD Under Code of Civil Procedure section 638, “[a] referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion ...

Excerpt: ...efendant” or “Benihana Marina”). The FAC is a Labor Code Private Attorneys General Act (“PAGA”) action. Plaintiff brings this suit as representative of the State of California and the Labor and Workforce Development Agency, and on behalf of herself and other current and former employees. Plaintiff alleges that she worked for Defendant at the Santa Monica location from May 2019 through approximately December 2019. Plaintiff alleges viola...

Excerpt: ...dvantage (by VPI against Defendants FSL and LYNN ); (3) trespass (by individual Plaintiffs only); (4) ejectment (by individual Plaintiffs only); (5) omitted; (6) declaratory relief (by individual plaintiffs only); and (7) fraud (by all plaintiffs against Defendant Lynn). On December 4, 2020, Defendants French Sailor LLC, Robert A. Lynn and LGO Wilshire, LLC (“Defendants”) filed a motion for summary judgment or in the alternative, summary adju...

Excerpt: ...land, individually 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 (Cross-Defendant or “Hyland”) and Roes 1 -10 for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) conversion, (5) declaratory relief – LA properties management, (6) declaratory relief – Hi...

Excerpt: ...ach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) breach of implied covenant to perform work in a good and competent manner; (5) breach of fiduciary duty; (6) aiding and abetting breach of fiduciary duty; (7) fraud and deceit; (8) aiding and abetting fraud and deceit; (9) negligence; (10) conversion; (11) aiding and abetting conversion; and (12) violation of Business & Professions Code §§ 17200 et seq. On F...

Excerpt: ...k”) initiated this personal injury action. On June 26, 2020, Plaintiff filed a first amended complaint for premises liability and negligence against Trader Joe's Company (“Trader Joe's”) and Does 1 -25. Plaintiff alleges, “on or about May 4, 2018, while PLAINTIFF was lawfully on DEFENDANT'S premises, located at 3212 Pico Boulevard, Santa Monica, California 90405, PLAINTIFF was injured when one of DEFENDANT'S employees and/or agents, while...

Excerpt: ...tiff or “Parakhovnik”) initiated this personal injury action. On June 26, 2020, Plaintiff filed a first amended complaint for premises liability and negligence against Trader Joe's Company (“Trader Joe's”) and Does 1 -25 (“Defendants”). Plaintiff alleges, “on or about May 4, 2018, while PLAINTIFF was lawfully on DEFENDANT'S premises, located at 3212 Pico Boulevard, Santa Monica, California 90405, PLAINTIFF was injured when one of DE...

Excerpt: ...reinafter, ‘Decedent'), who was killed in the incident giving rise to this action” (Compl. ¶ 1.) Sidney Von William Summerville was appointed guardian ad litem on April 18, 2018 for Ms. Summerville in the BC698998 action. Plaintiff alleged “on or before November 3, 2017, an unknown individual contracted with LION'S LIMO to hire a party bus (hereinafter, ‘first party Bus') for a birthday party for the period of time beginning on Friday, N...

Excerpt: ...e a memorandum of costs within 15 days after [1] the date of service of the notice of 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.” (CA Rules of Court, Rule 3.1700(a).) Under Code of Civil Procedure section 1033.5(c)(2), allowable costs are only recoverable...

Excerpt: ...7.) “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (Code Civ. Proc., § 2025.480(a).) [S]ubdivision (a) [in Code of Civil Procedure section 2025.480] refers to documents s...

Excerpt: ... concealment; and (5) conversion. On August 28, 2020, Justin Liu filed a demurrer to the fourth and fifth causes of action based on sufficiency. 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....

Excerpt: ...) and Does 1- 10. This action concerns a commercial lease for the Premises, located at 8478 Melrose Avenue in West Hollywood, California (the “Premises”). Pierluigi paid KID a security deposit of $301,497.18 (the “Security Deposit”), plus key money in the amount of $420,000 (the “Key Money”), for a total of $721,497.18. (Compl. ¶ 9.) Plaintiff alleges that Defendant breached the lease when it failed to transfer certain licenses to Pl...

Excerpt: ...he 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).) A party filing a motion to compel further needs to comply with two requirements. (Code Civ. Proc., § 2031.310(b).) First, a party filing a motion to compel further must include a meet and confer declaration under Section 2016.040. (Code Civ...

Excerpt: ...riel's motion was frivolous. Plaintiffs seek $30,223 in attorney's fees and costs. On September 21, 2020, Plaintiffs gave notice to Defendant that the motion for attorney's fees was set for February 23, 2020. (See 09/21/2020 Proof of Service.) This motion is unopposed. LEGAL STANDARD “[I]n any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs...

Excerpt: ...ANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the party must also file a declaration noting that he or she “met and conferred with th...

Excerpt: ...f Los Angeles filed a motion to bifurcate. On January 23, 2020, Defendant CS Legacy filed a joinder to the motion. On May 18, 2021, CS Legacy filed an ex parte to advance the motion for bifurcation. On May 19, 2021, the Court granted the application and advanced the date of the hearing to June 1, 2021. The Court set the opposition due by May 24 and the reply due by May 27, 2021. The motion is now fully briefed. LEGAL STANDARD Upon a properly noti...

Excerpt: ...10. Plaintiff alleges that it is “common practice of out of network medical providers is to obtain a separate oral promise and assurance of payment from the payor or its administrator/agent. In the instance where the terms of payment are unsatisfactory a medical provider will make other arrangements with the patient or tell the patient if they cannot follow through on the other arrangements to seek services somewhere else.” (Compl. ¶ 16.) Pl...

Excerpt: ...actor's Indemnity Company; American Contractors Indemnity Company and Does 1 - 25 for (1) breach of contract, (2) negligence, (3) breach of implied warranty, (4) breach of express warranty, (5) product liability and (6) surety liability. Plaintiffs allege that they were in privity of contract with each of the Defendants for construction work done on the real property residence they owned, and identified by residential address 26217 Lockwood Road,...

Excerpt: ...Peter Nygard and Does 1 – 20. Plaintiff alleges that in October 2012, while Plaintiff was a minor, Defendant had sexual intercourse with Plaintiff at his Marina Del Rey residence. (Compl. ¶ 5.) Plaintiff also alleges that Defendant did not allow Plaintiff to leave his residence without his permission. (Id.) Plaintiff further alleges that Defendant flew Plaintiff “to China and New York on his private jet over the following several weeks. Whil...

Excerpt: ...ore 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.) “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 disputed facts,...

Excerpt: ...stein, D.D.S. to pay $350,103.67 in attorney's fees and costs. (See Pet. at p. 55.). Respondent Dr. Wasserstein opposes the petition and seeks to vacate the underlying award. In the response to the petition, Dr. Wasserstein argues that “the award was obtained by corruption, fraud, or other unfair means,” “the misconduct of a neutral arbitrator substantially prejudiced petitioner's rights,” “the arbitrator exceeded his or her authority, ...

Excerpt: ...n 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(b).) “The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2033.280(...

Excerpt: ...1, the Court confirmed the arbitration award in SC126761 and stayed enforcement of the judgment until April 7, 2021, when the Court would hear Ehrlich's Motion to Lift the Stay in the Interpleader Action. (Dreger Decl. at ¶ 8, Ex. 5.). On March 12, 2021, The Irvine Company (TIC) filed a motion for an order to extend the stay of the enforcement of judgment. The Court extended the stay upon the parties' joint stipulation and order. TIC requests th...

Excerpt: ... for declaratory relief and fraud concerning the motion picture entitled “Every Breath You Take.” LEGAL STANDARD Under Code of Civil Procedure section 1030, “[w]hen the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees ...

Excerpt: ... a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order.” (Code Civ. Proc., § 533) “When an application for an order has been made to a judge, or ...

Excerpt: ...filed an amendment to his complaint wherein he named El Camino Construction & Engineering Corp. (“El Camino”) as Doe 1 to the Complaint. In the complaint, Plaintiff alleges that on December 3, 2017 at or near 1400 Palawan Way Marina del Rey, California, “Defendants, and each of them, negligently owned, operated, managed, control[l]ed, maintained, supervised and/or failed to warn and/or correct of a dangerous condition on the premises which ...

Excerpt: ... a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order.” (Code Civ. Proc., § 533) “When an application for an order has been made to a judge, or ...

Excerpt: ...nt arises out of Plaintiff's arrest by Los Angeles County Sheriffs for the alleged theft of a boat, which he lawfully repossessed. BASIS FOR MOTION Defendants County of Los Angeles (“COLA”), Anthony Meyers, and Llandel Garcia (the “County Defendants”) argue that there are no triable issues of material fact in this action and defendants are entitled to judgment or, in the alternative, adjudication of issues as a matter of law, as follows: ...

Excerpt: ... money lent, and common count for money had and received. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the party must also fil...

Excerpt: ...n of a fixed term lease. The Court overruled the demurrer to the complaint. Defendants now bring a motion for judgment on the pleadings. LEGAL STANDARD “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself. [Citation.]” (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 877.) A motion for judgment on the pleadings “may be made on the same ground as those supporting a general ...

Excerpt: ...See SACC ¶¶ 1, 57.) Redrock was the fire alarm subcontractor. (See SAC ¶¶ 85.) As to Redrock, Nadel alleges three causes of action: (1) Ninth Cause of Action – Declaratory Relief (regarding the indemnity clause); (2) Tenth Cause of Action – Breach of Contract; and (3) Eleventh Cause of Action – Contractual Indemnity. (SACC ¶¶78-111.) On January 20, 2021, Redrock Security and Cabling, Inc. filed a demurrer to the SACC. Redrock demurs t...

Excerpt: ... can be reached that resolves the objections to be raised in the motion to strike.” (Code Civ. Proc., § 435.5(a).) 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.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court...

Excerpt: ...t Schimmel filed a special motion to strike motion and prevailed, in part, on that motion. (See 09/29/2020 Minute Order.). Schimmel now seeks attorney's fees as the prevailing party on a special motion to strike. LEGAL STANDARD Unless an exception applies, “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” (Code Civ. Proc., § 425.16(c)(1).) The attorney's fee award under ...

Excerpt: ...intiff and Defendants at 508 N. Roxbury Dr. Beverly Hills, CA 90210. Plaintiff alleges that he performed his part, but Defendants failed to pay for labor and materials. 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 th...

Excerpt: ...nd Jeffrey M. Cohen, DMD), the fifth cause of action for invasion of privacy (against both Cohen and Jeffrey M. Cohen, DMD), and the eighth cause of action for intentional misrepresentation (against only Jeffrey Cohen.). LEGAL STANDARD A special motion to strike “may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of t...

Excerpt: ... 1942.5); (4) breach of implied warranty of quiet enjoyment; (5) breach of contract; (6) intentional infliction of emotional distress; and (7) negligence. LEGAL STANDARD A special motion to strike “may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of ...

Excerpt: ...llectively, the “Paz Defendants”) filed a demurrer with a motion to strike the first amended 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., § 430.41.) To properly file ...

Excerpt: ...ble implication therefrom; it may not consider contentions, deductions or conclusions of fact or law. (Young v. Gannon (2002) 97 Cal.App.4th 209, 220 (citing Moore v. Conliffe (1994) 7 Cal.4th 634, 638; Montclair Parkowners Assn. v. City of Montclair (1999) 76 Cal.App.4th 784, 790).) The court treats all facts alleged in the complaint to be true. (Picton v. Anderson Union High School Dist. (1996) 50 Cal.App.4th 726, 732.) When considering demurre...

Excerpt: ... in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the party must also file a declaration noting that he or she “met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not r...

Excerpt: ...efendants' allegedly tortious acts or omissions were “a legal cause of the [alleged] childhood sexual assault,” Code Civ. Proc. §§ 340.1(a)(2) & 340.1(a)(3), in order for the causes of action to come within the scope of subdivisions (a)(2) and (a)(3) of Code of Civil Procedure section 340.1 (and the causes of action are therefore untimely); and/or as required by the elements of the substantive causes of action themselves (all of which requi...

Excerpt: ... on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10(a)(1).). Personal jurisdiction takes two forms—general and specific. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 445.) General jurisdiction exists when a nonresident defendant has “substantial . . . continuous and systematic” contacts in the forum state. (Id.) General jurisdiction only exists when a defendant's contact...

Excerpt: ...k (“Defendants”). Defendants filed a joint 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 . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agre...

Excerpt: ...f the following ways: (1) By failing to appear at the trial. (2) By written consent filed with the clerk or judge. (3) By oral consent, in open court, entered in the minutes. (4) By failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice or stipulation. (5) By failing to timely pay the fee described i...

Excerpt: ... while employed by defendant. On March 19, 2021, Plaintiff filed requests for dismissals. (See 03/19/2021 request.) Those requests were rejected. Plaintiff refiled those requests for dismissal on April 15, 2021, which were entered on April 16, 2021. Plaintiff dismissed the first and fourth causes of action against Sage. Plaintiff also dismissed the fifth cause of action as to all defendants. Defendants bring forth a motion for judgment on the ple...

Excerpt: ...clubs, clothing and whatever renter chooses” with about 240 lockers (Compl. ¶ 7.) Plaintiff alleges that the City formed the “Golf Advisory Committee and that he served as the representative of the Rancho Park Golf Club on the Golf Advisory Committee. (Id. ¶ 9.). Plaintiff alleges that the City had decided to close the locker rooms. (See id.) On February 6, 2019, Plaintiff decided to inform the locker room users by posting an “ADVISE” o...

Excerpt: ... Plaintiff notes that this action is subject to judicial reference pursuant to various agreements. On March 17, 2021, Plaintiff filed a motion for appointment of judicial referee. LEGAL STANDARD Under Code of Civil Procedure section 638, “[a] referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any con...

Excerpt: ...Essence – Penal Code § 422 – Criminal Threats; (4) Tort in Essence – Penal Code § 136.1(b) – Witness Intimidation; (5) Tort in Essence – Penal Code § 518, 519, 524 – Extortion/Attempted Extortion; (6) Stalking; (7) Tort in Essence – Penal Code § 653(f) – Solicitation. 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 th...

Excerpt: ...ixed term lease. LEGAL STANDARD The meet and confer requirements do not apply to unlawful detainer demurrers. (See Code Civ. Proc., § 430.41(d)(2).) “On or before the day fixed for his appearance, the defendant may appear and answer or demur.” (Code Civ. Proc., § 1170.) 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.A...

Excerpt: ...ct products liability, (2) negligence, (3) breach of warranty, and (4) loss of consortium. This suit arises out of alleged injuries from a “profemur Z hip prosthesis.” Plaintiffs allege that Wright Medical Group, Inc., either directly or through its subsidiaries, “designed, manufactured, distributed and sold in California various orthopedic hardware systems including the Profemur Z hip prosthesis components at issue in this case.” (FAC ¶...

Excerpt: ...aintiff failed to allege sufficient facts to state a cause of action. Defendant also filed a motion 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 . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) A demurrer for...

Excerpt: ... (4) removal of Lateral Support (damages); and (5) nuisance (damages). On March 6, 2019, Plaintiff dismissed the slander of title claim in the complaint. Therefore, the second through fifth causes of action remain. Plaintiffs filed a notice of lis pendens on November 25, 2020. On December 21, 2020, Defendants filed a motion to expunge lis pendens. LEGAL STANDARD “At any time after notice of pendency of action has been recorded, any party, or an...

Excerpt: ...L-NSL- 186T711-6-83, issued by Plaintiff and Cross-Defendant The Travelers Indemnity Company (“Travelers”), with respect to the underlying Indiana Action and the underlying Indiana Site. The at issue provision is commonly known as the “qualified pollution exclusion.” (See Ex. A to Newman Decl. pp. 4-11.) The policy excludes, among other things: H. to bodily injury or property damage arising out of the discharge, dispersal, release or esca...

Excerpt: ...onstruction contract with project owner Cross-Complainant Shores, LLC (“Shores”) to build an apartment complex in Marina Del Rey, California (“Project”). 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 (the “Surety”). On March 23, 2018, the Court denied the Surety's Motion for Summary A...

Excerpt: ... the motion for judgment on the pleadings . . . for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Code Civ. Proc., § 439(a).) “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself. [Citation.]” (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 877.) A motion for judgment on the ...

Excerpt: ... 13.) Plaintiffs assert claims for battery, the Drug Dealer Liability Act, and negligence. Plaintiffs assert certain defendants are liable based on agency liability and civil conspiracy. 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 t...

Excerpt: ... CA 90401 and another at 1242 10th Street, Santa Monica, CA 90401. Plaintiff filed an action for review of the Santa Monica Rent Control Board's decision as to units within the above-mentioned buildings. On October 6, 2020, Defendant Richard Strom, a tenant of Plaintiff, filed a special motion to strike, seeking to strike Plaintiff 1238 10th Street, LLC's declaratory relief cause of action brought against Defendant. LEGAL STANDARD A special motio...

Excerpt: ...2020. A letter and further information regarding the remote deposition were personally served on Mr. Skiba. Mr. Skiba agreed to appear for the deposition. However, on the date of the deposition, there was no appearance. On January 5, 2021, the Court held a hearing on Defendants' Motion to Compel Mr. Skiba's deposition. The Court granted that motion. LEGAL STANDARD Parties can obtain discovery from nonparties through a “deposition subpoena.” (...

Excerpt: ...s fees. LEGAL STANDARD “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 on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition t...

Excerpt: ... of this matter, in the amount of $493,710.63, plus fees and costs in connection with this motion. LEGAL STANDARD “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 on the contract, whether he or she is the party spec...

Excerpt: ...very on mechanics' lien release bond; (4) open book account; (5) account stated; and (6) quantum meruit. Plaintiff alleges that Defendants are “the owners, reputed owners, or leasehold owners of the real property located at 28876 Via Venezia, Malibu, California 90265” (Compl. ¶ 3.) Plaintiff alleges that the property burned in the 2018 Woolsey Fire. (Id. ¶ 13.) On January 23, 2020, Defendant Leonard Simonian filed a cross- complainant again...

Excerpt: ...t his damages total $71,136.00 from the following: (i) loss of use of property; (ii) general damage; (iii) property damage; and (iv) punitive damages. The complaint contains no other allegations or facts. Defendant demurs on the basis that Plaintiff has failed to allege sufficient facts to state a cause of action for negligence and on uncertainty. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person...

Excerpt: ...os Angeles, State of California, and Does 75 -100. Plaintiff alleged that “Defendants allowed mosquitoes to breed and thrive at County Marina Del Rey Oxford Basin and plaintiff thereby contracted West Nile Virus.” (FAC ¶ Prem.L-1 at p. 6.) Plaintiff further alleges that this was a dangerous condition of public property. (See FAC ¶ Prem.L-4.(a) at p. 6.) Plaintiff alleges that “The condition was created by employees of the defendant public...

Excerpt: ...s and each of them, did so negligently, carelessly and reckless, own operate, manage, control and maintain the premises, a parking garage, in such a manner a to proximately cause great bodily harm and personal injury to plaintiff.” As to Plaintiff's premises liability claim, Plaintiff alleged “Defendants caused and allowed a dangerous condition to exist on property owned and managed by them in such a way as to proximately cause personal injur...

Excerpt: ... preserve the status quo pending final resolution upon a trial. (See Scaringe v. J.C.C. Enterprises, Inc. (1988) 205 Cal.App.3d 1536.) The status quo has been defined to mean the last actual peaceable, uncontested status which preceded the pending controversy. (14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App.4th 1396. 1402.) Preliminary injunctive relief requires the use of competent evidence to create a sufficient factual showing...

Excerpt: ...ates Security and Palisades Patrol Services. Plaintiff alleges that Defendants made false statements to the police that resulted in Plaintiff's arrest and criminal prosecution. On September 18, 2020, Defendants Gates Security and Palisades Patrol Services filed this Anti-SLAPP motion, which was later joined by defendant Anthony Gonzales. LEGAL STANDARD A special motion to strike “may be filed within 60 days of the service of the complaint or, i...

Excerpt: ...presentations, omissions, and concealment; and (5) breach of fiduciary duty against defendants Angela Lundgren, individually and as trustee of the Angela Lundgren Trust dated December 27, 2012; Sharon L. Lundgren, individually and as trustee of the Angela Lundgren Trust dated December 27, 2012; Ronald Wynn, an individual; Coldwell Banker Residential Brokerage, a California corporation; and Does 1 through 30. LEGAL STANDARD “Before filing a moti...

Excerpt: ...s.1 -50 for (1) breach of the duty to pay a covered insurance claim, (2) breach of the duty of good faith and fair dealing, and (3) negligence. On December 11, 2020, Defendant MBIC filed a motion for judgment on the pleadings. JUDICIAL NOTICE MBIC requests judicial notice of three documents. Exhibit A is a hearing transcript on a demurrer in case no. 20CV001274, The Inns by the Sea v. California Mutual Insurance Company and includes a signed orde...

Excerpt: ...plaint on March 10, 2020. The court sustained the demurrer in part on September 24, 2020. (See 09/24/2020 Minute Order.) On September 30, 2020, Plaintiff filed a first amended complaint. On October 13, 2020, Adco filed a demurrer with a motion to strike the first amended complaint. On November 16, 2020, Defendant Occidental Chemical Corporation filed a joinder to Adco's demurrer. On February 24, 2021, Plaintiff filed a joint opposition to the dem...

Excerpt: ...of action in the first amended complaint and a motion to strike. Plaintiff filed an untimely opposition. The Court exercises its discretion and considers the untimely opposition. 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 rai...

Excerpt: ...ct (personal guaranty); and (3) declaratory relief. Mapleton loaned defendants Fund IV and Fliptracker $80,000 in April and another $80,000 in August of 2015. (Compl. ¶¶ 10-11.) Mapleton alleged that Defendant Fragoso personally guaranteed repayment of these two notes. (Compl. ¶¶ 12-13.). The first cause of action is against the entity defendants. The second cause of action is against Fragoso and the third cause of action for declatory relief...

Excerpt: ...ries. On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. (3) An objection to an interrogatory i...

Excerpt: ...en held pursuant to the Corporations Code and the corporation's by laws. (see 1/23/2020 Order.) On December 7, 2020, the Court granted Plaintiff's ex parte request for a temporary restraining order. On this same date, Plaintiff filed a motion for preliminary injunction. Plaintiff requests a preliminary injunction: (1) halting all additional payments to the Yossefis; (2) mandating the return of all retroactive pay taken by Uriel and Nuriel Yossefi...

Excerpt: ...ks an order dismissing the lawsuit. On November 27, 2019, the parties entered into a joint stipulation to mediate and arbitrate the dispute. (See Saunders Decl. ¶ 6, Ex. C.). The joint stipulation and the Court's order stayed the action pending the mediation and/or arbitration, provided that the Court would retain jurisdiction to dismiss this action if the parties settled this controversy at mediation. (See id.; see also 01/02/2020 Order.) The p...

Excerpt: ...vely, the brother-in-law and the father-in-law) and Laine S. Goldman (the son-in-law and the deceased's husband) for the medical payments of Johanna Jayne Goldman. (TAC, ¶¶ 1 -4.) Goldman sought Plaintiffs' financial help for Johanna's expenses for her cancer treatments in exchange for an oral promise to repay Plaintiffs the borrowed funds upon the sale of the Riverside property owned by Goldman. (Id. ¶ 6.) On August 21, 2020, Defendant Estate...

Excerpt: ...ency public order. The City alleged that Los Angeles School of Gymnastics, Inc. held indoor athletic classes and activities. (See, e.g., Compl. ¶ 42.) The City also alleges that it received complaints that Defendants continued to operate indoors in violation of state, county, and city orders prohibiting such activities. (See Compl. ¶ 17, 23, 24, 27.) The city alleges that its fire inspectors witnessed violations. (See Compl. ¶ 23, 26, 27 – 2...