Excerpt: ...Faith Settlement is GRANTED. Defendant Kidane and Plaintiffs request an order determining that their settlement is in good faith, which would result in dismissal of Defendant City's cross-claims against Defendant Kidane for equitable indemnification per CCP §877.6(c). Defendant Kidane agrees to pay $15,000 in settlement of Plaintiffs' claims against him. The settlement amount is for Kidane's auto policy insurance limits. See Dec. of M. Kim, ¶¶...

Excerpt: ...& Associates, P.C. TENTATIVE RULING Defendants John Betancourt and Wildside Press, LLC's (collectively referred to as “Betancourt”) Motion for Attorney's Fees pursuant to CCP §425.16(c) is GRANTED. Defendant Blumhouse Productions, LLC's (“Blumhouse”) Motion for Attorney's Fees pursuant to CCP §425.16(c) is GRANTED. Defendants are to submit the respective proposed orders. In addition, Defendants are ordered to submit a declaration with a...

Excerpt: ...nts Kevin Mahoney and Mahoney Law Group, APC's Motion for Fees pursuant to CCP §425.16(c) is GRANTED. Defendants are awarded fees in the amount of 74,775.00. Defendants request for costs in the amount of $1,054.38 is GRANTED. As prevailing parties, Defendants Mahoney are entitled to recover their fees in connection with their SLAPP motion. A prevailing defendant is entitled to mandatory SLAPP fees and the Court has no discretion to deny such fee...

Excerpt: ...fendants B.B. Dakota, Inc. and Steven Madden, Ltd. TENTATIVE RULING Plaintiffs nZania LLC, Richard Koral and Ivan Spiers' Motion for Order Compelling the Deposition of Edward Rosenfeld and for and Award of Sanctions in the Amount of $14,410.50 is GRANTED. Rosenfeld to appear for deposition on ________________________ at ___________________. Plaintiffs seek to depose Edward Rosenfeld, the CEO of Defendant Steven Madden, Ltd. pursuant to CCP §2025...

Excerpt: ... Default Judgment is DENIED. I. Motion denied because no request for relief from entry of default “[B]ecause it could not set aside the default, it also could not set aside the default judgment under Code of Civil Procedure section 473, because that would be an idle act. If the judgment were vacated, it would be the duty of the court immediately to render another judgment of like effect, and the defendants, still being in default, could not be ...

Excerpt: ...eith Fink and Associates, et al.'s Motion for $7,289 in Second Post-Appellate Fees under CCP §425.16 is GRANTED. Defendants partially prevailed on its appeal of the Court's ruling on Defendants' 2 nd SLAPP motion. Defendants appealed this Court's order denying Defendants' 2 nd SLAPP motion of eight specific paragraphs in the FAC. The Court of Appeals affirmed the trial court's denial of the 2 nd SLAPP motion as to seven out of eight paragraphs a...

Excerpt: ...ATIVE RULING Defendant Foumberg's Demurrer to the FAC is SUSTAINED WITHOUT LEAVE TO AMEND. The Court will stay the entry of an order for dismissal for 60 days to allow Plaintiff's to file the appropriate petition in the probate court. I. Demurrer sustained without leave to amend based on CCP §430.10(a)—Court lacks jurisdiction Plaintiffs are judgment creditors of Bruce Givner. Plaintiffs filed this action seeking a declaratory order that the Q...

Excerpt: ...Costs is GRANTED as to Items 8(b)(1) and 16 and DENIED as to Items 1(f), (h) and (j), 4(a) and (b), and 10. “In ruling upon a motion to tax costs, the trial court's first determination is whether the statute expressly allows the particular item and whether it appears proper on its face. If so, the burden is on the objecting party to show the costs to be unnecessary or unreasonable. Where costs are not expressly allowed by the statute, the burde...

Excerpt: ...ruz RESP. PARTY: Defendant Werner Co. TENTATIVE RULING Plaintiffs' Motion to Compel Responses to Plaintiff's Special Interrogatories -Set Four (SI); Requests for Production -Set Three (RFP) and Requests for Production Set Four (RFP) is GRANTED as to SI Nos. 70, 72-87 and RFP Nos. 25, 27-29 and DENIED as to RFP Nos. 23, 24 and 26. Defendant to serve further responses within 25 days. SI Nos. 70, 72-87—GRANT. These SIs admittedly contain a typogra...

Excerpt: ...darez d/b/a AB Construction (“AB Construction”) TENTATIVE RULING Defendant/Cross-Complainant Robbin Stites' Motion for Determination of Good Faith Settlement is GRANTED. Stites submits sufficient evidence that the settlement was reached in good faith. AB Construction fails to carry its burden as the party asserting bad faith. Defendant Stites' objections to AB Construction's Evidence are SUSTAINED. Defendant AB Construction's objections to St...

Excerpt: ...E TO AMEND as to the 1 st cause of action for breach of contract and OVERRULED as to the 2 nd cause of action for unjust enrichment and 3 rd cause of action for foreclosure of mechanic's lien. Defendant Brentwood to answer in 10 days. 1st cause of action for breach of contract—SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff fails to allege the existence of any contract with Defendant Brentwood School. Plaintiff alleges a subcontract with Defendant ...

Excerpt: ... the Alternative, Motion to Strike is OVERRULED AND DENIED. Defendant demurs to the complaint pursuant to CCP §430.10(b), (e), (f) and (g). Defendant argues (1) Plaintiff's capacity to sue is uncertain as to the parties and the real property at issue; (2) the complaint purports to attach a written agreement but no such agreement is attached; (3) the complaint is uncertain because the action was purportedly commenced per CC §1946, but Plaintiff ...

Excerpt: ...nd Default Judgment is DENIED as to the default entered against them on 10-21-21. The motion is moot as to any default judgment because no default judgment has been entered. Plaintiff opposes on the sole ground of lack of notice. However, the motion was served by first class mail exactly 5 calendar days and 16 court days before the hearing date. Defendants seek relief pursuant to CCP §473(b). However, Defendants' declarations do not identify any...

Excerpt: ...earing Defendants Yossi Dina and Ben Jewelry Inc.'s Motion to Quash Service of Summons and Complaint is GRANTED. “In the absence of a voluntary submission to the authority of the court, compliance with the statutes governing service of process is essential to establish that court's personal jurisdiction over a defendant.13 (§ 410.50.) When a defendant challenges that jurisdiction by bringing a motion to quash, the burden is on the plaintiff to...

Excerpt: ...Dismiss is DENIED. Defendants Orlando's Joinder is GRANTED. Section 583.310 provides: “An action shall be brought to trial within five years after the action is commenced against the defendant.” Section 583.360, subdivision (a) provides: “An action shall be dismissed by the court ... on motion of the defendant ... if the action is not brought to trial within the time prescribed in this article.” However, in computing the time within which...

Excerpt: ...g nonrestitutionary disgorgement and GRANTED as to the addition of “information regarding the steps Herrick took to secure rights to the Playmakers format” to the 4 th cause of action for trade secret misappropriation. Plaintiff's request to add an express claim for nonrestitutionary disgorgement is denied as futile. Plaintiff fails to cite any authority holding that nonrestitutionary disgorgement is an available measure of damages for fraud ...

Excerpt: ... Firm, LLP, Shawn Lalezary and Shervin Lalezary's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for breach of contract, 2 nd cause of action for breach of fiduciary duty and OVERRULED as to the 5 th cause of action for money had and received and the 6 th cause of action for conversion. Defendants to answer in 10 days. Defendants identify the 5 th cause of action for money had and received in the notice of demurrer bu...

Excerpt: ...ing Defendant Gerald J. Daigle, Jr.'s Motion to Quash Plaintiff's FAC is GRANTED. I. Applicable Law “[W]hen jurisdiction is challenged by a nonresident defendant, the burden of proof is upon the Cross-Complainant to demonstrate that ‘minimum contacts' exist between defendant and the forum state to justify imposition of personal jurisdiction.” See Mihlon v. Sup. Ct. (1985) 169 Cal.App.3d 703, 710. The plaintiff must establish by a prepondera...

Excerpt: ...issues of fact remain as to the 14 th cause of action for declaratory relief: duty to indemnify, the 16 th cause of action for declaratory relief: duty to defend and the 17 th cause of action for declaratory relief: duty to contribute. On the 16 th cause of action for declaratory relief, a disputed issued of fact remains as to SSUMF No. 22, i.e. whether Pacific West rejected Ramo's tender of defense and whether Pacific West breached its duty to d...

Excerpt: ...chell & Soelberg Fitness, Inc. (2) Plaintiff Brooke Mitchell RESP. PARTY: (1) Plaintiff Brooke Mitchell (2) Defendant Meredith Soelberg, individually and derivatively on behalf of Mitchell & Soelberg Physical Therapy, Inc.; and Mitchell & Soelberg Fitness, Inc. MODIFIED TENTATIVE RULING Defendant Meredith Soelberg, individually and derivatively on behalf of Mitchell & Soelberg Physical Therapy, Inc. and Mitchell & Soelberg's SLAPP Motion is DENIE...

Excerpt: ...ashuta (2) Defendant LA Stainless Kings, Inc. TENTATIVE RULING Defendant LA Stainless Kings, Inc.'s Petition to Vacate Contractual Arbitration Award is DENIED. Plaintiff Leonid Dashuta's Petition to Confirm Arbitration Award is GRANTED. Plaintiff's RJN is GRANTED. I. Petition to Vacate—DENY Defendant LA Stainless Kings petitions to vacate the arbitration award issued by arbitrator Hon. Joanne B. O'Donnell (Ret.) on 6-30-21 pursuant to (1) CCP �...

Excerpt: ...n Riggs (2) Plaintiffs Ken Babalyan and Shahar Golan TENTATIVE RULING Defendants' Motion for Summary Adjudication is GRANTED as to Plaintiffs' punitive damages claims against Defendants in connection with the negligence cause of action and against Defendants Andrew and Cathy in connection with the negligent entrustment and negligent supervision causes of action. Defendants' Motion for Summary Adjudication is DENIED as to the negligence, negligent...

Excerpt: ...and Cross-complainants Mike Moran, Andre Ulloa, Mark Thomas, M.A.E.C. LLC and Healthcare Deal Team TENTATIVE RULING Plaintiffs/Cross-defendants' Demurrer to Cross-complaint is SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 9 th and 10 th causes of action for intentional and negligent interference with prospective economic advantage and OVERRULED as to the 1 st through 8 th causes of action and the Motion to Strike is DENIED. I. 1 st through 7 th...

Excerpt: ...k Smith and Nan Rochelle Smith, as trustees for the Smith Family Trust TENTATIVE RULING AS MODIFIED Plaintiff/Cross-Defendant and Defendant Taconic Builders, Inc., Cross-Defendant James Hanley and Defendant American Contractors' Indemnity's Motion to Confirm Arbitration Award is DENIED as to Hanley and American Contractors' Indemnity. Neither Hanley nor American Contractors are parties to the final arbitration award. The motion to confirm is GRAN...

Excerpt: ...never a lawyer seeks to hold another lawyer accountable for misuse of inadvertently received confidential materials, the burden must rest on the complaining lawyer to persuasively demonstrate inadvertence. Otherwise, a lawyer might attempt to gain an advantage over his or her opponent by intentionally sending confidential material and then bringing a motion to disqualify the receiving lawyer.” State Compensation Ins. Fund v. WPS, Inc. (1999) 70...