Excerpt: ...nded Complaint is OVERRULED. Defendant's Request for Judicial Notice of the Civil Cover Sheet and Complaint filed in BSI Group LLC, et al. v. EZ Banc Corp, et al. , Case No. 3:23-CV -01270BSM is GRANTED. I. California Commercial Code §11101, et seq. (“UCC4”) Defendant argues California Commercial Code §11101, et seq. (“UCC4”) “preempts” all of Plaintiff's causes of action. Defendant relies on Zengen, Inc. v. Comerica Bank (2007) 41 ...

Excerpt: ...adreza Yazdi (“Yazdi”), and Tahereh Taheryazdy Yazdi TENTATIVE RULING Plaintiff's Motion for Terminating Sanctions and Monetary Sanctions or, alternatively, for Lesser Sanctions is GRANTED IN PART. The Court DENIES Plaintiff's request for terminating, issue and evidentiary sanctions. The Court GRANTS IN PART Plaintiff's request for monetary sanctions. The Court GRANTS Plaintiff's request for judicial notice pursuant to Evid. Code §§ 452 and...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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 ...