Excerpt: ...d Troy Kennedy, or in the alternative, for a protective order. Both motions are opposed. LEGAL STANDARD Motion for Leave to Amend If a party wishes to amend a pleading after an answer has been filed, or after a demurrer has been filed and after the hearing on the demurrer, or if he or she has already amended the pleading as a matter of course, the party must obtain permission from the court before amendment. (CCP §§ 473(a)(1), 576.) Motions for...

Excerpt: ...after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspe...

Excerpt: ...TY: Respondents Kreation Juicery, Inc.; Kreation & 1202 Abbott Kinney, Inc.; Kreation Juicery Malibu; and 777 Management Company, Inc., by Bruce G. Landau (Landau & Landau) TENTATIVE RULING Petitioners Sylvia K. Patton, as Trustee to the Sylvia K. Patton Living Trust U/T/D November 10, 2003; and Benjamin Schick's Petition to Confirm Contractual Arbitration Award is GRANTED. Petitioners shall prepare, serve, and submit a proposed judgment consiste...

Excerpt: ...ion's Motion to Strike Portions of Plaintiffs' First Amended Complaint is GRANTED, with leave to amend, pending the filing of a motion pursuant to Code of Civil Procedure section 425.13, as to the prayer for punitive damages (but only if timely as per statute), and GRANTED, with twenty (20) days leave to amend, as to the alter ego allegations in paragraph 7 of the First Amended Complaint. Defendant California Hand Surgery and Orthopedic Specialis...

Excerpt: ...Pro Hac Vice Counsel who are not active members of the California State Bar and have not been granted permission to appear pro hac vice are prohibited from representing a party in California courts. (Gentis v. Safeguard Bus. Systems, Inc. (1998) 60 Cal.App.4th 1294, 1308.) Counsel licensed in another state may, in the court's discretion, be permitted to appear as counsel pro hac vice if counsel is associated with an attorney of record who is an a...

Excerpt: ...tement of Decision, which addresses the issues raised by Appellant. The following is added to Section 3, Summary of the Parties' Testimony and Other Evidence: Dates of Testimony: June 6, June 13 and July 3, 2018 “Plaintiff and Defendants presented two distinct contentions at trial. Plaintiff contended the parties orally agreed he was an employee of Defendants to be paid at the rate of $35 per hour for regular hour. Defendant Ori Zairi, on the o...

Excerpt: ...fornia and the City of Beverly Hills to prosecute this action on or before July 31, 2020. Alternatively, Plaintiffs may elect to dismiss one Plaintiff from the action. Failure to provide such authority or dismiss one Plaintiff may result in the Court's dismissal of one Plaintiff. Clerk to give notice. REASONING Timeliness Plaintiffs People of the State of California and City of Beverly Hills (“Plaintiffs”) argue Defendant Charles Peters (“D...

Excerpt: ...e court's order and may not amend the complaint to add a new cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendants Mostafa Karimbeik and Venice Ventures, LLC to give notice. REASONING Meet and Confer As an initial matter, the Court notes that Defendants Mostafa Karimbeik and Venice Ventures, LLC's meet-and-confer efforts were insufficient, as Code of Civil Pro...

Excerpt: ...cause of action. Defendant Nathalie Dubois' Motion to Strike Portions of Plaintiffs' Complaint is GRANTED, with twenty (20) days leave to amend, as to the prayer for exemplary, treble and punitive damages, and DENIED in all other respects. Plaintiffs may amend their complaint “only as authorized by the court's order” and “may not amend the complaint to add a new cause of action without having obtained permission to do so.” (Harris v. Wach...

Excerpt: ...Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Jae H. Kim to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. C...

Excerpt: ...way, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].) F...

Excerpt: ...Court to do so. Defendant Los Angeles World Airports to give notice. REASONING Request for Judicial Notice Defendant Los Angeles World Airports (“Defendant”) requests judicial notice of Plaintiff Hagop Tchakerian (“Plaintiff”)'s Complaint of Discrimination filed with the California Department of Fair Employment and Housing. Defendant's request is GRANTED, pursuant to Evidence Code section 452, subdivision (c). Demurrer “[A] demurrer tes...

Excerpt: ...Defendants Nader Kashfian and Rashel Kashfian (“Defendants”), or their predecessors, encroached onto Plaintiff's parcel of real property located at 991 Bel Air Road by constructing and maintaining a chain link fence, retaining wall, and concrete gutter that extends 43.5 feet on to Plaintiff's property. On July 12, 2019, Defendants filed their motion for summary judgment or, alternatively, summary adjudication, arguing therein that Plaintiff's...

Excerpt: ...n answer to the Second Amended Complaint within ten (10) days of entry of this order. (Cal. Rules of Court, rule 3.1320(j).) Defendants Michael Darvish and Lilly Darvish to give notice. REASONING Legal Standard “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under atta...

Excerpt: ...rike Portions of Complaint of Kamran Broukhim, M.D., is DENIED as MOOT. Plaintiff may amend his or her complaint only as authorized by the court's order and may not amend the complaint to add a new cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendants Hollywood McCadden Development Group, Inc., Integrated Healthcare Medical Group, Inc., and Justin Cozart to gi...

Excerpt: .... REASONING At the outset, the Court notes Plaintiff Max Griggs (“Plaintiff”)'s First Amended Complaint (“FAC”), which is the subject of this demurrer, was never filed with the Court. The Court was able to obtain to a copy from Plaintiff's counsel before this hearing to avoid continuing it to the detriment to the moving party. In the interest of judicial efficiency, the Court deems the FAC filed as of the date of this hearing and consider...

Excerpt: ... Adler Barbarossa's claims are barred by the applicable statute of limitations and fail to state causes of action. Request for Judicial Notice Defendant Timothy G. Wilson, M.D., requests judicial notice of the March 25, 2019, minute order in this action. Defendant Wilson's request is GRANTED, pursuant to Evidence Code section 452, subdivision (d). Legal Standard “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Le...

Excerpt: ...urt's order and may not amend the complaint to add a new cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Moving parties to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the p...

Excerpt: ...urt, rule 3.1320(j).) Defendants Kimberly Schoenstadt and Pretty City LLC to give notice. REASONING Meet and Confer As an initial matter, the Court notes that the meet-and-confer declaration supporting Defendants Kimberly Schoenstadt and Pretty City, LLC's demurrer and motion to strike is insufficient, as Code of Civil Procedure section 430.41, subdivision (a)(3)(A), and section 435.5, subdivision (a)(3)(A), requires a description of “[t]he mea...

Excerpt: ...0) 185 Cal.App.4th 1018, 1023.) Defendant Johan Cisneros to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4...

Excerpt: ...dant Kamal Bijanpour, M.D.'s Demurrer to Third Amended Complaint is OVERRULED. Defendant Kamal Bijanpour, M.D.'s Motion to Strike Portions of Plaintiff's Third Amended Complaint is DENIED. Defendants shall file and serve an answer to the Third Amended Complaint within ten (10) days of entry of this order. (Cal. Rules of Court, rule 3.1320(j).) Moving parties to give notice. REASONING Legal Standard “[A] demurrer tests the legal sufficiency of t...

Excerpt: ...Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendants Stacey Valnes and Megan Valnes to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (S...

Excerpt: ...f case closure in the same action, Plaintiffs Alexie Gilmore and Bernard Van Bilderbeek (“Plaintiffs”)'s subsequent complaint to DFEH in the same action, Plaintiff Bernard Van Bilderbeek's amended complaint in that action, and a notice of case closure in the action. Defendants' request is GRANTED, pursuant to Evidence Code section 452, subdivision (c). Demurrer “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” ...

Excerpt: ... allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not...

Excerpt: ...as authorized by the court's order and may not amend the complaint to add a new cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Flinkman Family Non-Exempt QTIP Trust to give notice. REASONING Meet and Confer At the outset, the Court notes that Defendant Flinkman Family Non-Exempt QTIP Trust (“Defendant”) failed to file a declaration describing the mee...

Excerpt: ...er As an initial matter, the Court notes Defendant Kourosh Maddahi, D.D.S. (“Defendant”)'s meet-and-confer efforts were insufficient, as Code of Civil Procedure section 430.41, subdivision (a), requires meeting and conferring “in person or by telephone.” Defense counsel simply sent Plaintiff Herbert Hudson (“Plaintiff”)'s counsel a letter, thereby frustrating the purpose of the meet-and-confer requirement, which is to determine whethe...

Excerpt: ...endant”)'s meet-and-confer efforts were insufficient, as Code of Civil Procedure section 430.41, subdivision (a), requires meeting and conferring “in person or by telephone.” Defense counsel simply sent Plaintiff Jimmy Sedghi (“Plaintiff”) a letter, thereby frustrating the purpose of the meet-and-confer requirement, which is to determine whether the parties can reach an agreement as to the issues raised in the demurrer. Nonetheless, in ...

Excerpt: ...pp.4th 1018, 1023.) Defendants The Regents of the University of California, Andrew E. Hudson, M.D., and Linda M. Liau, M.D. to give notice. REASONING Demurrer “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are jud...

Excerpt: ...n's Motion to Strike Portions of Plaintiffs' [sic] First Amended Complaint is GRANTED, with leave to amend, pending the filing of a motion pursuant to Code of Civil Procedure section 425.13, as to the prayer for punitive damages, and GRANTED, with twenty (20) days leave to amend, as to the alter ego allegations in paragraph 7 of the First Amended Complaint. Defendant California Hand Surgery and Orthopedic Specialists Medical Clinic, Inc., fka Mul...

Excerpt: ...a Alpha Epsilon Fraternity's Motion for Judgment on the Pleadings is GRANTED, without leave to amend. Defendants Zeta Beta Tau Fraternity, Inc. and Zeta Beta Tau – Phi Sigma Delta Corporation of Los Angeles' Joint Motion to Strike Request for Punitive Damages in Plaintiff's First Amended Complaint is GRANTED, without leave to amend, as to Defendant Zeta Beta Tau – Phi Sigma Delta Corporation of Los Angeles and DENIED, as moot, as to Defendant...

Excerpt: ...Court to do so. Defendant Los Angeles World Airports to give notice. REASONING Request for Judicial Notice Defendant Los Angeles World Airports (“Defendant”) requests judicial notice of Plaintiff Hagop Tchakerian (“Plaintiff”)'s Complaint of Discrimination filed with the California Department of Fair Employment and Housing. Defendant's request is GRANTED, pursuant to Evidence Code section 452, subdivision (c). Demurrer “[A] demurrer tes...

Excerpt: ...ourt, rule 3.1320(j).) Defendant Sharam Tabibnia, individually and as trustee of the Sharam Tabibnia Declaration of Trust dated March 20, 2008, to give notice. REASONING Request for Judicial Notice Defendant Sharam Tabibnia, individually and as trustee of the Sharam Tabibnia Declaration of Trust dated March 20, 2008 (“Defendant”), requests judicial notice of a minute order in this action (Exh. 2), the complaint in this action (Exh. 9), and th...