Excerpt: ...LAPP) is GRANTED. All causes of action within Plaintiff Adam J. Tenser's First Amended Complaint are stricken as to Defendant Jay Levine. Defendant Jay Levine meets his burden to prove the Plaintiff Adam J. Tensor's claims arises from constitutionally protected speech. Plaintiff Adam J. Tensor does not meet his burden of proving the probability of prevailing on all claims in the FAC as to Defendant Jay Levine. Defendants RJN are GRANTED as to the...

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 ...

Excerpt: ...Rodeo Enterprises, LLC Demurrer to 1 st, 6th, 8 th, 10 th, 11 th, 12 th, and 13 th causes of action are OVERRULED. Defendants Jamshid Goltche, 26 Global Infinity, LLC and Rodeo Enterprises, LLC Demurrer to the 4 th cause of action for IIED is MOOT as the Plaintiff Ebby Shakib dismissed the cause of action on 9-26-23. Plaintiff Ebby Shakib has successfully plead all the elements of the 1 st, 6 th, 8 th, 10 th, 11 th, 12 th, and 13 th causes of act...

Excerpt: ...nt Haley Hubbard's Motion is Strike punitive damages is DENIED. Plaintiff Jessica Klass Diamond has properly plead all the elements of the 1 st and 3 rd causes of action. Defendant Hayley Hubbard's Demurrer to the 5 th cause of action was procedurally improper as it did not dispose of the entire cause of action. I. Demurrer As a general matter, in a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judici...

Excerpt: ...-Complainant Richmond Plastering, Inc.'s motion for summary adjudication as to Cross-Defendant Dal Rae Exteriors, Inc.'s Duty to Defend within the fifth cause of action for breach of contract – duty to defend of the first amended cross-complaint is GRANTED. The Court finds no triable issues of fact remain as to the duty issue within the 5 th c/a for Breach of Contract - Duty to Defend. “A party may move for summary adjudication as to…one or...

Excerpt: ...of Action of the SAC are OVERRULED. Plaintiff Maziar Arghavan has successfully pleaded all the elements of the 1 st, 4 th, 5th, 6 th, 7 th, 8 th, and 9 th Causes of Action against Defendant Azita Arghavan.. As a general matter, in a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleading alone, an...

Excerpt: ...endants Sotheby's International Realty, Inc and Lori Berris' Demurrer to the 2 nd and 3 rd causes of action are OVERRULED. Plaintiff Kerry E.H Berger plead all the essential elements of the 2 nd and 3rd causes of action, and met the heightened burden of alleging specific facts for the 3 rd cause of action for fraudulent concealment. Defendants Sotheby's International Realty, Inc and Lori Berris' Motion to Strike is DENIED. Plaintiff Kerry E.H. Be...

Excerpt: ...nvincing medical documentation showing Plaintiff Ronny Graham suffers from an illness or condition raising substantial medical doubt of survival beyond six months under CCP § 36(d). CCP §36 subdivision (d) states: “[i]n its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial...

Excerpt: ...e of the Trevis Trust TENTATIVE RULING Defendants Student Debt Services, LLC, Jeffrey DaPra, and Nicole Pierces' Motion for Judgment on the Pleadings as to the First Cause of Action for Breach of Written Amended Guaranty Agreement is DENIED. Plaintiffs have successfully pled all the elements of the first cause of action. The note at issue was allegedly not fully extinguished through completing one of multiple elements involved in the Amended Guar...

Excerpt: ... LLP RESP. PARTY: Plaintiffs Tensor Law P.C.; Aaron G. Filler TENTATIVE RULING Defendants Kevin V. DeSantis, James A. McFaul, Doug Gillie, and Dunn DeSantis Walt & Kendrick LLPs' SLAPP Motion is GRANTED in full as to the 10 th Cause of Action for Breach of Fiduciary Duty of Confidentiality, and the 11 th Cause of Action for Attempted Extortion alleged against Defendants Kevin V. DeSantis, James A. McFaul, Doug Gillie, and Dunn DeSantis Walt & Ken...

Excerpt: ...endants Laterra Development, LLC, Lt Building Corp., Yale SM Investors, LLC's Motion to Strike Punitive Damages is DENIED in full. Plaintiffs' allegations in the complaint are sufficient to plead a claim for punitive damages under CC § 3294(a). “[A] motion to strike is generally used to reach defects in a pleading which are not subject to demurrer. A motion to strike does not lie to attack a complaint for insufficiency of allegations to justif...

Excerpt: ...y Lerner-Hill's Motion for Attorney Fees is GRANTED. Cross-Defendant Amy Lerner-Hill is the prevailing party pursuant to CCP 425.16 et seq. and awarded fees of $84,881.63 against Cross-Claimant Adam Jeremy Tenser. A “prevailing defendant” on a special motion to strike is “entitled to recover that defendant's attorney's fees and costs.” (§ 425.16, subd. (c)(1).) The purpose of this provision is to provide the SLAPP defendant financial rel...

Excerpt: ...m Investments, LLC TENTATIVE RULING Plaintiffs Rosamond 5 Properties, LLC, et al.'s Motion for Summary Judgement is DENIED. Although there are no triable issues of material fact pertaining to the Deed in Lieu Agreement, the law does not support Plaintiffs Rosamond 5 Properties LLC, et al.'s theory of liability. The language of the DIL agreement is not reasonably susceptible to the interpretation urged by Plaintiffs Rosamond 5 Properties, LLC, et ...

Excerpt: ...ication on the First Cause of Action for Quiet Title is DENIED. Plaintiff 8 th Street MB, LLc does not meet their burden of persuasion that the language contained in the DIL and extension agreement is reasonably susceptible to 8 th Street's interpretation. Thus, the Motion for Summary Adjudication as to the Quiet Title cause of action is denied as a matter of law. Plaintiff 8 th Street MB, LLC's RJN is GRANTED. Plaintiff 8 th Street MB, LLC's Obj...

Excerpt: ...M Industry Groups, LLC's Motion to Summary Judgment is DENIED. Defendant's Motion for Summary Adjudication is DENIED as to all causes of action, issues and novation affirmative defense. Disputes of material fact exist as to all causes of action, issues, and defenses raised by Defendant ABM Industry Groups, LLC. Plaintiff's objections to the declaration of Jack Walter, nos. 1-2, 4, and 11are SUSTAINED. The remaining are OVERRULED. Plaintiff's obje...

Excerpt: ...Gregory Jon Kozak TENTATIVE RULING Plaintiffs' Motion for Summary Adjudication as to Plaintiffs' Firth, Third and Fifth Causes of Action is DENIED. There is a triable issue regarding the amount of Plaintiff's damages. (Defendant's Separate Statement ¶¶ 23-24, 26, 49, 52, 75, 78 and evidence referenced from the declaration of Robert Barnes and Defendant.) Defendant Gregory Jon Kozak's Objections to the declaration of Robert M. Resch nos. 1-2, 4,...

Excerpt: ...dant Common Area Maintenance Services, Inc., et al.'s Motion for Summary Judgment or in the alternative Summary Adjudication is DENIED. Defendant does not meet their burden of showing that Plaintiff cannot prove one or more elements of Plaintiff's causes of action. Plaintiff has met their burden of raising a triable issue of material fact as to each of the four causes of action. Plaintiff's objections to Herrera Decl., ¶ 6, lines 21–23, Katsuy...

Excerpt: ...TENTATIVE RULING Plaintiff/Cross–Defendant Wintrust Specialty Finance's Motion for Summary Adjudication to the 1st through the 8 th causes of Action in the FAC, and the 1 st and 2 nd Causes of Action in the Cross– Complaint is DENIED. Defendant/Cross-Complainant Screamline Investment Corporation has met their burden of establishing a dispute of material fact as to the real parties in interest on the loan assignments. Furthermore, Wintrust's S...

Excerpt: ...TIVE RULING Defendant/Cross-Defendant/Cross-Complainant Donald F. Dickerson Associates' (“Dickerson”) Motion for Determination of Good Faith Settlement is DENIED. The Court denies Delta's request for sanctions pursuant to CCP §128.5(a) and (b). The motion to determine good faith settlement was not brought in bad faith nor is it frivolous. The mere fact that Association was suspended does not automatically render the Settlement Agreement unen...

Excerpt: ...rations, LLC and Blaze Pizza, LLC's (“Blaze Defendants) Demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND Plaintiff's 1 st, 2 nd 3rd, and 6 th cause of action AND WITHOUT LEAVE TO AMEND AS TO THE 5 TH cause of action within the First Amended Complaint. I. 1st cause of action for intentional fraudulent transfer and 2nd cause of action for constructive fraudulent transfer under Civ. C. §3439.04(a) “A transfer made or obligation incurred by a d...

Excerpt: ...r Attorney's Fees Pursuant to CCP § 425.16(c) is GRANTED. Attorney's fees and costs of $30,360.00 (11.8 hours @ $525/hr, 51.5 hours @ $450/hr, $870 appearance fees, $120 in filing fees) are awarded to Defendants. A “prevailing defendant” on a special motion to strike is “entitled to recover that defendant's attorney's fees and costs.” (Code of Civ. Proc. (CCP) §425.16, subd. (c)(1).) The purpose of this provision is to provide the SLAPP...

Excerpt: ... to Compel Arbitration is GRANTED. The action is stayed pursuant to CCP §1281.4 pending completion of arbitration. Defendant presents an applicable arbitration agreement, the dispute falls within the scope of the arbitration provision, and the agreement is not unconscionable. I. Defendant establishes the existence of an applicable arbitration agreement “On petition of a party to an arbitration agreement alleging the existence of a written agre...

Excerpt: ...Housekey Real Estate Corp's Demurrer to the 2nd, 3rd, 4th, 5th, 6th, 7th, 8 th and 9th causes of action of the second amended complain are SUSTAINED with 20 days leave to amend. Defendants Motion to Strike punitive damages from the Complaint is DENIED, without prejudice. The sole basis of Defendant's demurrer is Plaintiffs admission in paragraph 22 of the SAC which states: “22. Although defendant Raad Shalabi held himself out as plaintiff's age...

Excerpt: ...c Hotel & Suites, LLC Motion to Tax Costs is GRANTED in part and DENIED in part. Item No. 1 is DENIED and the full amount of $3,371.15 is due. Item No. 4 is GRANTED, and the amended amount of $55,843.28 is due. Item No. 9 is DENIED and the full amount of $47,983.53 is due. Item No. 12 is DENIED and the full amount of $186,455.88 is due. Item No. 16 is GRANTED in part, with the amended amount of $2,517.01 due. The motion to tax costs was filed on ...

Excerpt: ...k, et al. TENTATIVE RULING Plaintiffs Tensor Law P.C. & Aaron G. Filler's Motion to Seal the Filed Copy of the Arbitration Award or in the Alternative to Seal the Entire Case is DENIED. Plaintiff has failed to comply with California Rules of Court Rules 2.550 and 2.551. (“A record must not be filed under seal without a court order (Rule 255.1(a).) Neither the complaint, nor any other document has been lodged with the court “conditionally unde...

Excerpt: ...CCP §§430.10(e), (g) and (f). Plaintiff is given 20 days leave to amend. Defendant is only party to the 1 st, 2nd and 3 rd cause of action. Plaintiff failed to plead sufficient facts of the existence of a contract for the 1st cause of action, and the pleadings were uncertain or ambiguous as the 2 nd and 3 rd cause of action. 1st cause of action for breach of contract—SUSTAIN W/20 DAYS LEAVE TO AMEND. To prevail on a cause of action for breach...

Excerpt: ...has failed to meet his burden to show Defendant was properly served with the summons and complaint in Milan, Italy on April 27, 2023 in accordance with Code Civ. Proc. § 413.10(c) and The Hague Convention Article 10(c). “On a motion to quash service of summons, the plaintiff bears the burden of proving by a preponderance of the evidence that all jurisdictional criteria are met. (Citations omitted.) The burden must be met by competent evidence ...

Excerpt: ...pel Further Responses to her request for production of documents (Set One) and Imposition of Monetary Sanctions is GRANTED in part and DENIED in part. Defendant is ordered to serve a supplemental response to request numbers 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32, 33, 34, 35, and 36. Defendant's objections that the requests are overbroad, cause undue burden, or otherwise seek the production of documents tha...

Excerpt: ...n is stayed pursuant to CCP §1281.4 pending completion of arbitration. Plaintiff's objections to the evidence in support of Plaintiff's opposition to Defendant's Motion to Compel Arbitration are Overruled. Defendant has met their burden of providing the existence of a valid agreed upon arbitration agreement. Plaintiff has not met their burden proving Defendant waived their right to arbitrate under CCP 1281.2(a). Defendant Bird Rides, Inc. moves ...

Excerpt: ...efendants Southern California Healthcare System, Inc. and Prospect Medical Holdings, Inc's Motion for Summary Judgment directed to Plaintiff's first amended complaint is DENIED as moot by Plaintiff's Second Amended Complaint. Plaintiff asserts Defendant's motion was rendered moot by the filing of Plaintiff's second amended complaint (FAC). Plaintiff is correct. “On summary judgment motions, the pleadings always define the issues.” Hejmadi v. ...

Excerpt: ... “A plaintiff ...has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.”...

Excerpt: ...Defendant Alesia Cook (2) Plaintiffs Prado, et al. TENTATIVE RULING (1) Defendant Orlin Dobreff's Supplement to Motion for Contribution filed on 5‐9‐23 is DENIED, WITHOUT PREJUDICE. GRANTED. Defendant's RJN is GRANTED. Defendant Dobreff moves for contribution from Defendant Cook pursuant to CCP §882. Dobreff must establish that (1) Stoytchev and Cook were judgment debtors on a judgment for which they were jointly liable, (2) Stoytchev satisf...

Excerpt: ...avi TENTATIVE RULING Defendants Randy Fifield, Tony Maintenance & Gorden and Antonio Aguilera's Demurrer to the 2nd cause of action for private nuisance in the FAC is OVERRULED and the Motion to Strike is DENIED. I. Demurrer to 2 nd cause of action for private nuisance—OVERRULE “Anything which is injurious to health ... or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfor...

Excerpt: ...hezkel Kashanian TENTATIVE RULING Plaintiff Falcon Enterprises, LLC's Motion for Leave to File Amended Complaint is GRANTED. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified: "If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend; and, where the refusal also results in a party being de...

Excerpt: ...3) 89 Cal.App.5 th 213, 221-222. Plaintiff pleads substantial compliance with Government Code §945.4. Defendant City's RJN is GRANTED. Defendant is ordered to answer in 20 days. “Except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing ...

Excerpt: ...ng Fan and Steven Cai's Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3 rd cause of action for fraud, and OVERRULED as to the 1 st cause of action for breach of contract, 2 nd cause of action for breach of account stated, 4 th cause of action for quantum meruit, 5 th cause of action for unpaid wages and overtime and 6 th cause of action for failure to provide accurate wage statements. Plaintiff has not filed a First...

Excerpt: ...a TENTATIVE RULING Plaintiffs Ashdale Development LLC and Glass Residential Group, Inc.'s Motion to Compel Arbitration is GRANTED as to Mir Hardwood and DENIED as to Chaplya. I. Plaintiff fails to establish the FAA applies “[T]he United States Supreme Court has identified three categories of activity that Congress may regulate under the commerce power: (1) the channels of interstate commerce, (2) the instrumentalities of interstate commerce and...

Excerpt: ...plaint is OVERRULED. Defendants to answer in 20 days. I. Affirmative Defenses—OVERRULE Defendant demurs to the complaint based on several defenses. Defendant asserts the 1 st cause for violation of state housing law violations and the 3 rd cause of action for municipal code violations are barred by statute of limitations and laches. Defendant asserts the entire action qualifies as a taking. A “demurrer based on an affirmative defense cannot p...

Excerpt: ... Calabasas (2) Cross-Defendant Ronald Jeffrey TENTATIVE RULING Cross-Complainant City of Calabasas's Motion for Summary Judgment is DENIED. Cross- Defendant Ronald Jeffrey's Motion for Summary Judgment is DENIED. City of Calabasas and Ronald Jeffrey filed cross motions for summary judgment of City's cross- complaint. City's cross-complaint alleges a lone cause of action for express contractual indemnification from Ronald for the complaint filed b...

Excerpt: ...aint as of 7-25-23 TENTATIVE RULING Defendant Michael Pierattini's “Answer…by Notice of Demurrers and Demurrers to, and Notice of Motions and Motions to Strike Portions of, Plaintiff's First Amended Complaint” is OVERRULED and DENIED. Pierattini to answer in 20 days. Pierattini's “Answer by Notice of Demurrers… and Motions to Strike” improperly combines a demurrer and motion to strike into a single document. Pierattini moves to strike...

Excerpt: ...ttorney's Fees is DENIED. Ramirez's SLAPP motion fails to establish that the 1 st, 2 nd and 4 th causes of action of Defendant/Cross-Complainant's Cross-Complaint arose from protected conduct. I. Court has jurisdiction to award fees per CCP §425.16(c) despite voluntary dismissal prior to hearing on SLAPP Motion If plaintiff voluntarily dismisses the action after defendant files an anti-SLAPP motion, the court loses jurisdiction to rule on the mo...

Excerpt: ...ttorney's Fees is DENIED. Ramirez's SLAPP motion fails to establish that the 1 st, 2 nd and 4 th causes of action of Defendant/Cross-Complainant's Cross-Complaint arose from protected conduct. I. Court has jurisdiction to award fees per CCP §425.16(c) despite voluntary dismissal prior to hearing on SLAPP Motion If plaintiff voluntarily dismisses the action after defendant files an anti-SLAPP motion, the court loses jurisdiction to rule on the mo...

Excerpt: ...laint is OVERRULED. Defendants to answer in 20 days. Defendants' RJN is GRANTED. Plaintiff's RJN is GRANTED. Defendants demur to the complaint based on CCP §430.10(c). “The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:…(c) There is another action pending between the same parties on the same cause of...

Excerpt: ...tice The elements of a medical malpractice cause of action are (1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence. See Avivi v. Centro Medico Urgente Medical Center (2...

Excerpt: ...RESP. PARTY: Plaintiff Peter Sjorstand TENTATIVE RULING Defendants Bye Bye House, Inc. and Center Street Lending VIII, SPE, LLC's Demurrer to the FAC is OVERRULED. Defendants' Motion to Strike is GRANTED. The Court notes the motion to strike is unopposed. Defendants ordered to answer within 10 days. I. Cancellation of Written Instrument—OVERRULED “A written instrument, in respect to which there is a reasonable apprehension that if left outsta...

Excerpt: ...473(b) is GRANTED. Adamitis's propose answer should be filed separately today. Adamitis failed to file an answer in time to avoid the default entered on 2-27-23. Default judgment was entered on 4-13-23. Adamitis claims he was unable to file an answer in time to avoid default and default judgment due to his severe depression and anxiety. Adamitis claims his condition was so severe, he was unable to focus or understand the nature of the legal proce...

Excerpt: ...for Sanctions pursuant to CCP §128.7 is DENIED. I. Applicable Law “By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met:�...

Excerpt: ...iss, P.C. TENTATIVE RULING Plaintiff's Demurrer to the First Amended Answer (“FAA”) is SUSTAINED WITHOUT LEAVE TO AMEND as to the 16 th affirmative defense for “unknown defenses” and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3 rd affirmative defense (statute of limitations). Plaintiff's demurer to the 8 th affirmative defense (superseding, intervening conduct of 3 rd parties), 9 th affirmative defense (avoidable consequences), 11 th...

Excerpt: ...t John Spahi TENTATIVE RULING Plaintiff/Cross-Defendant Ocean Towers Housing Corporation's Ex Parte Application for Emergency Order Enforcing Terms of Settlement Agreement between Plaintiff and Defendant John Spahi pursuant to CCP §664.6 is DENIED. Plaintiff's original motion claimed that Spahi was in breach of the settlement agreement in two ways. First, Spahi was obstructing the sale of Units 508B and 1601B, because he refused to amend certain...

Excerpt: ... The Regents of the University of California, Patricia Young, MD and Joshua A. Sasine, MD's Demurrer to the First Amended Complaint (FAC) is: 1. SUSTAINED WITH 20 DAYS LEAVE as to the 1 st cause of action for fraud as to all Defendants; 2. SUSTAINED WITH 20 DAYS LEAVE as to the 2 nd cause of action for failure to obtain informed consent as to Regents; 3. OVERRULED as to the 2 nd cause of action for failure to obtain informed consent as to Young a...

Excerpt: ...es' (collectively referred to as “Hutton”) Demurrer to the First Amended Cross-Complaint (FAXC) is OVERRULED as to the 1 st cause of action for fraud in the inducement and SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for violation of B&PC 17200, the 3 rd cause of action for breach of the implied covenant of good faith and fair dealing and the 4 th cause of action for declaratory relief. Cross-Defendants to answer in 20 days...

Excerpt: ...ecessary to the resolution of this motion. The Court declines to rule on Cross-Complainants' evidentiary objections, as they are not material to resolution of this motion. CCP §437c(q). Every motion for summary judgment must be accompanied by a “separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed.” CCP § 437c(b)(1). Each of the material facts in the statement must be “fol...

Excerpt: ...d; and Retha Singleton, individually and as successor of interest Timothy Dean, Deceased RESP. PARTY: Defendant Edward Buck TENTATIVE RULING Plaintiffs' Motion for Summary Adjudication of the 1 st cause of action for wrongful death, 6 th cause of action for violation of Health & Safety Code §11705 and 7 th cause of action for negligence is DENIED. Plaintiffs move for summary adjudication of the 1 st cause of action for wrongful death, 6 th cause...

Excerpt: ...The Hettena Law Firm LC's Motion for Judgment on the Pleadings is DENIED. Defendants argue the legal malpractice and breach of fiduciary duty claims are based on the exact same conduct. Defendants argue the two claims are duplicative of one another and the breach of fiduciary duty claim must be dismissed. Defendants fail to cite any authority holding that a demurrer may be sustained, because two distinct legal theories are based on the same condu...

Excerpt: ...ross-Complainant/Cross-Defendant California Delta Mechanical, Inc. TENTATIVE RULING Defendant/Cross-Defendant/Cross-Complainant Professional Services Construction, Inc.'s Motion for Determination of Good Faith Settlement is DENIED. In determining whether a settlement is in good faith, the Tech-Bilt court stated that the trial court should inquire into, among other things, “...whether the amount of the settlement is within the reasonable range o...

Excerpt: ...O COMPLY WITH COURT'S DISCOVERY ORDER OF MARCH 9, 2023 AND REQUEST FOR MONETARY SANCTIONS AGAINST NO. 1 BUCCANEER, TODD KOHN, AND FRANK MADDOCKS IN THE AMOUNT OF $1,025 MOVING PARTY: Defendant/X-Defendant/X-Complainant Ramo, LLC RESP. PARTY: None TENTATIVE RULING Defendant/X-Defendant/X-Complainant Ramo, LLC's Motion to Dismiss and Request for Sanctions is DENIED as to the requests to dismiss and strike the answers of X-Defendants No. 1 Buccaneer...

Excerpt: ...s Motion for Summary Judgment, or in the Alternative, Summary Adjudication is DENIED. Defendant's request for judicial notice (RJN) is GRANTED. Defendant's objections nos. 1 and 2 to the declaration of Edward Ruzak are OVERRULED. Defendant Burns-Pacific Construct, Inc. moves for summary judgment of the sole cause of action for negligence alleged against it. Defendant argues the undisputed facts establish that it did not owe Plaintiff a duty of ca...

Excerpt: ...days. Defendant Flying Tigers, Inc. fails to identify any deficiency in the pleading. The complaint alleges unlawful detainer under CCP §1161(2) for nonpayment of rent. Plaintiff alleges Defendant failed to pay rent pursuant to the parties' lease agreement. See FAC, ¶¶8-12. Plaintiff alleges it served Defendant with a Notice to Pay or Quit pursuant to CCP §1161(2). Id. at ¶¶8-12, Exs. 2.1, 2.2, 3.1 The complaint is not uncertain. Defendant ...

Excerpt: ...ing, LLC's Motion to Compel Production of Documents is GRANTED. Plaintiff fails to establish that the attorney-client privilege applies to the subject communications. I. Attorney‐client privilege where third parties are included in the communication. Section 952 defines a confidential attorney-client communication: “[A] ‘confidential communication between client and lawyer' means information transmitted between a client and his or her lawye...

Excerpt: ...itration agreement in question is invalidated pursuant to 9 U.S.C. §402(a). I. Parties agree that FAA applies “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 agreement in writing to submit to arbitration an existing controversy arising out of such a con...

Excerpt: ...n for Summary Adjudication is DENIED as to the 1st cause of action for judicial foreclosure, 2 nd cause of action for declaratory relief and 4 th cause of action for breach of contract seeking damages and GRANTED as to the 3 rd cause of action for breach of contract seeking specific performance. “A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each elem...

Excerpt: ... of action for strict liability and the third cause of action for breach of warranty are SUSTAINED WITHOUT LEAVE TO AMEND and OVERRULED as to the remaining causes of action. Defendant to answer in 20 days. I. Assumption of Risk A. Applicable Law—Assumption of Risk Defendant demurs to each cause of action on grounds that Plaintiff assumed the risk when she touched the hot bulb that burned her. Assumption of risk is a defense to negligence. See K...

Excerpt: ...t is DENIED. The trial date is approximately tvvo months away. Defendants also acknowledge the CHDss- complaint will require continuance of the trial date. Defense counsel states thatthe music only "arose recently." Defense counsel lacks personal knowledge of when the Defendants music began to become an Issue. In addition, the cross-complaint is not a compulsoty cross-complaint based on Defendants' statements. Defendants maintain the music playin...

Excerpt: ...nder Defendants 9010 Melrose Avenue, LLC, Futura Media, Inc„ Boujis US 1, LLC, Bouis Group, LLC, Draycott LA, LLC, Issima 627 La Peer LLC, Olivetta La Peer, LLC, 8478 Melrose Avenue, LLC, Cadogan Hospitality Collective, LLC, Hermer Enterprises, LLC TENTATIVE RULING Plamtiffs Jamal Holdings (US), Inc„ 0999849 B.C. Ltd d/b/a Hardy Capital Ltd., Innhouse US Investments Inc„ UVMA, Inc. and Arya Alexander's Motion for Preliminary Injunction is G...

Excerpt: ...ns 1 and 2 and GuNTED asto RFP Nos. 6, 11, 12, 17, 23, 33, 34, 35, 38, 39, 40, 42-45 and 55. Plaintiffs requestfor sanctions is DENIED. "If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing underthe 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 produc...

Excerpt: ...ants are ordered to produce responsive documents from the beginnmg of Dos Santos' employment with Men's Health until the date Dos Santos left Men's Health's employment Defendants are only required to produce those documents created after the date of the subject incident ifthey pertain to the incident and/or termination of Dos Santos' relationship with Men's Health. In addition, parties are to execute a standard protective order. Defendants are or...

Excerpt: ...udulent misrepresentation and concealment 2nd cause of action for negligent misrepresentation and 3rd cause of action forviolation ofB&PC 517200 is OVERRULED. Defendant GM's Motion to Strike is DENIED. I. 15t cause of action for fraudulent misrepresentation and concealment and 2nd cause of action for negligent misrepresentation—OVERRULE The elements of fraud are: (1) misrepresentation (false representation: concealment, or nondisclosure); (2) k...

Excerpt: ...ants Stan Magnus Insurance Agent, Inc. and Stanley Magnus TENTATIVE RULING Plamtiffs' Motion for Protective Order is DENIED as to information peftaming to those assets that are currently pledged as collateral for the loan and Plaintiffs' tax information and GRANTED as to all other discovery requests. Plaintiff is to file supplemental responses to each discovery request to which this protective order was denied. Plaintiffs move for a protective or...

Excerpt: ... Leave to File an Amended Cross- Complaint is DENIED. I. Taheri is seeking leave to assert a permissive cross-claim for slander of title "Except as otherwise provided by statute, if a party- agamst whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time ofserving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert...

Excerpt: ...General Motors LLC and Request for Sanctions is GRANTED as to RFP Nos. 16-31, 33, 37-41 and 45-46 as detailed in this ruling. The request for sanctions in the amount of $2,885 (7 hours motion and reply prep and hearing time @ S395/hr plus S60 filing fee) is DENIED. RFP Nos. 16-31, 33 and 45-46—Defendant GM has already made three rounds of responses and production in response to these RFPs. However, GM should provide an index of the documents pr...

Excerpt: ... Cross Defendants Coldwell Banker Residential Brokerage Company and William Moss's Motion for Leave to File Cross-Complaint is GRANTED. Cross-Defendants seek leave to file a x-complaint agamst non-parties Amerikana Business Capital, Inc. and Nagy Y. Henein for equitable indemnity, contribution and declaratory relief. No opposition was filed to the motion. APPLICABLE LAW After having previously filed an answer, a defendant seeking to file a cross-...

Excerpt: ...unty, LLC d/b/a Kindred Hospital Los Angeles' Motion for Summary Judgment is DENIED. Plaintiff's objections to the declaration of Dr. Isreal Villanueva are OVERRULLED. Given the Court's findings below regarding the declarations of Mr. Johnson and Dr. Segall-Gutierrez, Defendant's separate specific objections are not material. I. THC fails to establish that the Third Amended Complaint is barred by the statute of limitations. THC moves for summary ...

Excerpt: ...laintiff Christina Development Corporation TENTATIVE RULING Defendants ADP, LLC, ; ADP Totalsource DE IV, Inc.; Matt Peluso; Shannon Bates, Christa Zimmerman, Dominque Akens and Danielle Roubian's Demurrer to the Second Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for breach of fiduciary duty and 2nd cause of action for unfair competition under B&PC 17200, SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 5 t...

Excerpt: ...aintiff/Cross-Defendant Falcon Enterprises, LLC and Cross-Defendants Rami Vardi, David Zemach and Yaniv Shlomof TENTATIVE RULING Defendants/Cross-Complainants 8210 S. Western Ave 26, LLC, Mama Moti, LLC, YHK 18, LLC, Javid Somekh and Yehezkel Kashanian's Applications for Writs of Attacment as to (1) Falcon Enterprises, LLC; (2) Rami Vardi; (3) David Zemach; and (4) Yaniv Shlomof are DENIED. Cross-Defendants' Evidentiary Objections to the Dec. of ...

Excerpt: ...based on Labor Code §2802. The motion for summary adjudication as to Issue 3 based on CCP §§1021.6 and tort of another is MOOT in light of the ruling on Issues 1 and 2. Stites moves for summary adjudication of three issues identified in the notice of motion. The Court declines to rule on Armendarez's Objection as they are immaterial to the Court ruling under CCP §437c(q). Stites' RJN is GRANTED. I. Issue 1: "Summary adjudication is proper as ...

Excerpt: ...s Motion to Quash based on Lack of Personal Jurisdiction and Forum Non Conveniens is DENIED. Plaintiff's Objection to Evidence filed by Defendant Bastiat USA—OVERRULE Defendant Bastiat USA, Inc.'s Objections to Plaintiff's Evidence— To deposition of Jane Doe—OVERRULE as to Objection Nos. 1 and 4 and SUSTAIN as to Objection Nos. 2, 3, 5, 6, 7, 8 and 9. To declaration of C. Skilbred—SUSTAIN as to all objections. To declaration of D. Allen�...