Excerpt: ...valid arbitration agreement. Plaintiff Sam Navid did not meet their burden to prove a defense to enforcement. The action is stayed pending resolution of arbitration pursuant to CCP §1281.4. Defendant Tesla Motors, Inc.'s RJN is GRANTED. Under both the Title 9 section 2 of the United States Code (known as the Federal Arbitration Act, hereinafter “FAA”) and the Title 9 of Part III of the California Code of Civil Procedure commencing at section...

Excerpt: ...dants Skylark Capital Management, LLC, Zachary Vella, and Vella Group, LLC Demurrer to the 1 st –10 th and 12 th–15 th causes of actions in Cross -Complainant Tree Lane LLC's Cross - Complaint, without motion to strike is OVERRULED. Cross -Complainant Tree Lane, LLC sufficiently pleads all the elements of the 1 st –10 th and 12 th–15 th causes of actions as to Cross -Defendants Skylark Capital Management, LLC, Zachary Vella, and Vella Gro...

Excerpt: ...otion to Dismiss for Failure to Join Indispensable Parties is DENIED. EZBanc is not an indispensable party in the instant suit and Defendant has an adequate remedy in filing a cross -complaint against alleged joint t ortfeasor EZBanc. Defendant William Samoska's RJN is GRANTED. I. Failure to Joint Indispensable Party Pursuant to CCP § 389 Within CCP § 389(a)'s first clause, or the “complete relief” clause, the statute “focuses not on whet...

Excerpt: ...'Brien's Complaint is GRANTED. Defendant met their burden to provide material facts to negate multiple elements of the Plaintiff's complaint, and to esta blish an affirmative defense. Plaintiff did not meet their burden to show that a triable issue of one or more material facts exists as to that cause of action or defense. Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of ac...

Excerpt: ...murrer without motion to strike is OVERRULED. Cross -Complainant Tree Lane, LLC's successfully pleads all the elements of the 13 th, 15 th, and 16 th causes of actions as to Cross -Defendants Toby Contrarsy and Nikki Ceniceros. Cross -Complainant Tree Lane, LLC's Objections are SUSTAINED. I. Demurrer to 13 th Cause of Action for Declaratory Relief – OVERRULED “To allege facts sufficient to state a cause of action for declaratory relief, the p...

Excerpt: ...) Plaintiffs Thomas M. Stout Jr., individually and as Trustee of the 2011 Stout Family Trust (2) Defendant Rene R. Rivas and Dora G. Rivas TENTATIVE RULING Defendant Rene R. Rivas and Dora G. Rivas' Motion to Compel Arbitration is GRANTED. The Court orders this action stayed pending resolution of arbitration. Defendants met their burden to establish the existence of a valid arbitration agreement. Plaintiffs did not meet their burden to challenge ...

Excerpt: ... Further Responses to RFPs (Set One) is GRANTED. Defendant City of Santa Monica is ordered to serve responses to RFPs Nos. 19, 30 -33, and 35 -41 without objection within 10 days. Plaintiff has not reque sted sanctions. “California law provides parties with expansive discovery rights.” ( Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 590.) “Unless otherwise limited by order of the court… any party ...

Excerpt: ...tor meets her burden to establish a defense to notary civil liability, and the lack of evidence on essential elements of Plaintiff Peter Sjorstand's c laims. Plaintiff Peter Sjorstand does not meet his burden to established disputed material facts as to the causes of action or the defense. Defendant Julie Ann Proctor's Objections Nos. 1, 2 to the declaration of Dermont Givins including exhibits 1,2 and 3 (discovery responses) are OVERRULED. The o...

Excerpt: .... Breuer and McNeil, Tropp and Braun LLPs' Special Motion To Strike Under CCP § 425.16 (Anti -SLAPP) as to all causes of action in Plaintiff Aziz Alaoui's FAC is GRANTED. Defendants meet their burden to estab lish Plaintiff's claims arise from protected activity. Plaintiff does not meet his burden to show a probability of prevailing on his claims. The Court orders all one through eight causes of action in the Plaintiff's FAC stricken as to Defen...

Excerpt: ...intiff Aaron Coppelson's Complaint. Plaintiff is to submit the proposed judgment. Defendants N.E. Designs, Inc and Erin Gispans' Objections Nos 1, 2, 3, 4, 11, 13, 14, 15, 16, are SUSTAINED, and Nos. 5, 6, 7, 8, 9, 10, 12, are OVERRULED Plaintiff Aaron Coppelson's Objections are OVERRULED. Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even if not separately plead...

Excerpt: ...in his complaint for breach of contract is SUSTAINED with 20 days leave to amend. Plaintiff fails to allege damages which resulted from the breach of contract. Defendant Brady Blaske's Motion to Strike Punitive Damages is SUSTAINED for the breach of contract cause of action. Punitive damages are not allowed in a breach of contract cause of action pursuant to Civ. Code § 3294. The essential elements of breach of contract are “(1) the existence ...

Excerpt: ...ponses to Requests for Production (SET ONE), Nos. 16 –17, 22–25 as to Defendant General Motors, LLC is GRANTED. Defendant is ordered to serve further responses without objection in ______ da ys. Plaintiffs have abided by the statutory requirements of CCP § 2031.310 with its request for further responses to RFP. RFPs Nos. 16– 17, and 22– 25 are reasonably calculated to lead to the discovery of admissible evidence. Request Nos. 16 –17, a...

Excerpt: ...otion to Strike Plaintiffs Andrew Myers and David Desmonds' Punitive Damages allegations and Prayer for Punitive damages is DENIED. Plaintiffs plead sufficient factual allegations for a ju ry to possibly find Defendants acted with malice towards the Plaintiffs. “As the California Supreme Court long ago explained: “ ‘Exemplary or punitive damages are not recoverable as matter of right. Their allowance rests entirely in the discretion of the ...

Excerpt: ... to Plaintiffs Tyler Prescott and Rachele Prescotts' complaint is DENIED. Plaintiffs sufficiently plead Defendant acted with malice by alleging Defendant drove while under the influence of alcohol causing injury to Plaintiffs. Defendant Vinotheesan Thavarajavel (“Thavarajavel”) moves to strike the words “willful and wanton” and the prayer for punitive damages in its entirety from Plaintiffs Tyler Prescott and Rachele Prescotts' (“Plaint...

Excerpt: ...ekey Real Estate Corp's Demurrer to the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, and 9th causes of action of the Third Amended Complaint are SUSTAINED without leave to amend. Defendants Motion to Strike pu nitive damages from the Third Amended Complaint is GRANTED. Plaintiff's causes of action fail for uncertainty pursuant to CCP 430.10(f). Plaintiff failed to cure the inconsistencies in the third amended complaint's factual allegations, and thus the D...

Excerpt: ...oth causes of action are barred by a two -year statute of limitations is OVERRULED. Augustine sufficiently alleges enough facts regarding the details of his discovery, and his inability to discover the breach earlier, for a reasonable jury to find that Augustine filed the complaint with the two or three -year statute of limitations. Defendant Katy Haute's Motion to Strike is DENIED. Defendant Katy Haute does not provide any basis on the face of t...

Excerpt: ...ased), Jaime Hernandez, Jr., Anita Hernandez- Barba, and John Anthony Hernandez TENTATIVE RULING Defendant Manuel Eskildsen's Demurrer is OVERRULED as to the 1 st and 3 rd causes of action in Plaintiffs Rita Hernandez-Venegas, et al.'s complaint. Plaintiffs have successfully plead all the elements of 1 st cause of action for elder abuse and neglect, and the 3 rd cause of action for wrongful death – elder abuse and neglect. Defendant Manuel Eski...

Excerpt: ...diction is GRANTED. Plaintiff Aaron Celious's RJN 2 and 6 is GRANTED as to 2 and 6 as to the existence of the documents, but not to the truth of the contents. Plaintiff Aaron Celious's RJN 1, 3, 4, and 5 are DENIED. (See Golden Door Properties, LLC v. Superior Court of San Diego County (2020) 53 Cal.App.5th 733, 761 [“The request for judicial notice of exhibit No. 35, an e-mail exchange, is denied also because it is not properly the subject of ...

Excerpt: ...of Plaintiff Patricia Baber's FAC. Plaintiff Patricia Baber has substantially complied with Government Code § 910, and has successfully plead all necessary elements of Premises Liability pursuant to Government Code § 835 and General Negligence pursuant to Government Code § 815.2. Defendant State of California's RJN is GRANTED. I. Demurrer for failure to comply with Government Claims Act GOV Code § 910 - OVERRULED Public entities, such as the ...

Excerpt: ... to the Plaintiff Byron Enamorado's 2 nd cause of action for fraudulent inducement – concealment. Defendant American Honda Motor Co., Inc.'s Motion to Strike Plaintiff Byron Enamorado's prayer for punitive damages is DENIED. Plaintiff Byron Enamorado has successfully pleaded all the elements of a fraudulent concealment claim including specific facts to meet the heightened pleading requirement for fraud. The Court finds the economic loss rule do...

Excerpt: ...s to the 1 st cause of action for Defamation Per Se, the 2 nd cause of action for Defamation Per Quod, and the 3 rd cause of action for False Light in Plaintiff Simone Shah's Complaint. Defendant Lisa Kwon has met her burden of showing Plaintiff's claims arise from Defendant's constitutionally protected speech. Plaintiff has not met their burden of establishing a probability of prevailing on their claims as no opposition was filed, and the compla...

Excerpt: ...ernandez-Venegas, Individually And As Successor-In-Interest To Anna Valarie Casillas Flores (Deceased), Jaime Hernandez, Jr., Anita Hernandez- Barba, and John Anthony Hernandez TENTATIVE RULING Defendants Coastal Health Care, Inc. and Brentwood Health Care, Inc., Dba Brentwood Healthcare Center Motion to Strike Portions of the Plaintiffs' Complaint is DENIED as to striking the prayer for punitive and treble damages under the first cause of action...

Excerpt: ...der is DENIED. Defendant Avy Jozay's discovery requests are reasonably calculated to lead to discovery of admissible evidence regarding Plaintiff Barrington Pacific, LLC's intent when it made the decision to withdraw the Property at issue from the rental market. Defendant Avy Jozay's Request for Judicial Notice is GRANTED as to the existence of the Complaint filed in Barrington Pacific, LLC v. Endurance American Specialty Ins. Co., et al., LASC C...

Excerpt: ...00 flat rate, 4.6 hours at $400 per hour, 1.3 hours at $400, and $443.70 in filing fees) to Plaintiff Rama Fund, LLC. Plaintiff is the undisputed prevailing party on appeal and is entitled to attorney fees. Plaintiff Rama Fund, LLC's RJN is GRANTED. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the part...

Excerpt: ...dam J. Tenser TENTATIVE RULING Defendants GNH Productions, Inc, Telepictures Productions Inc., Warner Horizon Television Inc. and Warner Bros. Home Entertainment Inc.'s Special Motion to Strike Pursuant to CCP § 425.16 (Anti- SLAPP) is GRANTED. All causes of action within Plaintiff Adam J. Tenser's First Amended Complaint are stricken as to Defendants GNH Productions, Inc, Telepictures Productions Inc., Warner Horizon Television Inc. and Warner ...