Excerpt: ...Roger L. Gordon Exempt Generation-Skipping Trust established under the Hannah Gordon Living Trust; and Gail R. Gordon, an individual and co-Trustee of the Hannah Gordon Living Trust and as the Trustee of the Gail Gordon Exempt Generation-Skipping Trust established under the Hanna Gordon Living Trust TENTATIVE RULING Defendants' Demurrer to the 7th cause of action for Appointment of Receiver the is SUSTAINED WITHOUT LEAVE TO AMEND. The Demurrers t...

Excerpt: ...rate Valencia, LLC TENTATIVE RULING Plaintiff's Motion for Summary Judgment is DENIED. Plaintiff's Motion for Summary Adjudication is DENIED. I. 1st cause of action for breach of contract—DENY “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…has met that burd...

Excerpt: ... Civil Procedure (CCP) §1094.5. A respondent may demur to a petition for writ relief. See generally Woods v. Superior Court (1981) 28 Cal.3d 668, 673 (demurrer to petition for writ of administrative mandamus properly overruled where petitioner sought review of adjudicatory decision of the Department of Social Services which was alleged to be invalid because it was based on an invalid regulation). “All that is required is that plaintiff state f...

Excerpt: ...VE RULING Defendants Yao's Motion for Release of Property from Lien and to Claim Costs is GRANTED. Defendants did not cite any procedural authority allowing for the requested relief, i.e. release of the mechanic's lien based on Plaintiff's failure to record the lien within 90 days after completion of the work per Civil Code §8412. While Civil Code §8412 provides Defendants with an affirmative defense to the 3rd c/a for foreclosure of mechanic's...

Excerpt: ...ITHOUT LEAVE TO AMEND as to the 2nd cause of action for Negligent Infliction of Emotional Distress and the 3rd cause of action for Intentional Infliction of Emotional Distress. 1st cause of action for breach of Hold Harmless Agreement—OVERRULE “A general demurrer based on the statute of limitations is only permissible where the dates alleged in the complaint show that the action is barred by the statute of limitations. The running of the stat...

Excerpt: ...TY: Plaintiff Arthur Gillard TENTATIVE RULING Defendants' Motion for an Order Compelling Arbitration and Staying Litigation is GRANTED. Defendant's evidentiary objections to the declarations of Breana Villazana and Colin S. Welsh and Arthur Gillard are overruled. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that...

Excerpt: ...GRANTED. Plaintiff's UD action is based on Plaintiff's right to owner occupancy of a rent controlled unit under Santa Monica Rent Control Charter Amendment Section 1806 (a)(8)(v11). See Complaint, Attachment 15. Defendant Manning argues the subject unit cannot be owner occupied as an issue of law based on the Court's 4-7-20 Tentative and Proposed Statement of Decision. See Defendant's RJN, Ex. 2, 10:1-13, 11:1-7, 11:24-26. The Court found in that...

Excerpt: ...l reasonable attorneys would agree that it was totally and completely without merit, nor is there any evidence that it was brought solely for purposes of delay. I. Applicable Law If the court finds a special motion to strike is “frivolous or is solely intended to cause unnecessary delay,” it is required to award costs and reasonable attorney fees “pursuant to Section 128.5” to a “plaintiff prevailing on the motion.” CCP § 425.16(c). ...

Excerpt: ...ffer, MD (7) Defendant Bruce B. McLucas, MD RESP. PARTY: (1)-(7) Plaintiff Nailah Smith TENTATIVE RULING Defendant Kalatzis' Demurrer to the 1st cause of action for IIED, 2nd cause of action for battery, 5th cause of action for concealment and 6th cause of action for breach of fiduciary duty is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant Lang's Demurrer to the 1st cause of action for IIED, 5th cause of action for concealment and 6th cause of acti...

Excerpt: ...LC, San Diego Ambulatory Surgery Center, LLC, Cindy Omidi, Julian Omidi, Michael Omidi, Bakersfield Surgery Center, LLC, Beverly Hills Surgery Center, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Palmdale Ambulatory Surgery Center, LLC, San Joaquin Valley Surgery Center, LLC and Valencia Ambulatory Surgery Center, LLC (2) Plaintiff Golden State Practice Management, LLC. TENTATIVE RULING Defendants' Demurrer to...

Excerpt: ...reet & Co. Inc.'s Motion to Compel Production of Business Records from Third Party Stoneview Corporation is GRANTED. Stone view is ordered to serve further responses, without objections, except properly asserted objections based on the attorney client privilege and attorney work product privilege. In addition, Stoneview Corporations shall serve a new privilege log with the specificity required as addressed below. Finally, Stoneview shall produce ...

Excerpt: ...ief pursuant to Health & Safety Code §17980.7 is DENIED. I. Applicable Law for Appointment of Receiver under H&SC §17980.7(c) “If a building is…maintained in violation of any provision of, or in violation of any order or notice that gives a reasonable time to correct that violation issued by an enforcement agency pursuant to this part, the building standards published in the California Building Standards Code, or other rules and regulations...

Excerpt: ...in-Intervention City National Bank (3) Defendant Elliot Lander, as Trustee of the Stuart Rubin Children's Trust TENTATIVE RULING Plaintiff U.S. Real Estate Credit Holdings' Motion for Preliminary Injunction is DENIED. Plaintiff fails to demonstrate (1) irreparable harm or (2) the likelihood of prevailing on the merits of Plaintiff's claims. Plaintiff-in-Intervention Stiffelman's request for joinder is GRANTED. The RJN is GRANTED. I. Applicable La...

Excerpt: ...ly RESP. PARTY: (1) Defendant Patrick Kealy (by way of the Motion to Contest Good Faith Settlement) (2) Defendants Hua Gallai LLP, Nicholas T. Hua and Giacomo Gallai (by way of opposition filed on 6-30-20) TENTATIVE RULING Defendants Hua Gallai LLP, Nicholas Hua and Giacomo Gallai's Application for Determination of Good Faith Settlement and Request for Judicial Notice are GRANTED. Defendant Patrick Kealy's Motion to Contest Good Faith Settlement ...

Excerpt: ...NETARY SANCTIONS AGAINST ELIZABETH STEINLAUF AND HER COUNSEL (1) MOTION TO COMPEL DEFENDANT/X-COMPLAINANT PETER STEINLAUF TO PROVIDE CODE COMPLIANT RESPONSES TO DEMAND FOR PRODUCTION, INSPECTION AND COPYING OF DOCUMENTS; TO PRODUCE RESPONSIVE DOCUMENTS, AND FOR AN AWARD OF MONETARY SANCTIONS AGAINST PETER STEINLAUF AND HER COUNSEL (3) MOTION TO COMPEL DEFENDANT/X-COMPLAINANT STEINLAUF 1982 TRUST DATED JUNE 2, 1982 TO PROVIDE CODE COMPLIANT RESPON...

Excerpt: ... Summary Adjudication of the 2nd cause of action for defamation and punitive damages in the Third Amended Cross-complaint of Levy, United Consortium, Inc. and Levy Nutrition, Inc. is DENIED. Cross-Defendants move for summary adjudication of the 2nd cause of action based on three affirmative defenses: (1) truth, (2) CC §47(b)(litigation privilege) and (3) CC §47(c)(qualified communication privilege.) Cross-Defendants also move for summary adjudi...

Excerpt: ...h America, Inc. d/b/a Western Exterminator Company (“Rentokil”)'s Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1st cause of action for battery, the 3rd cause of action for IIED, the 4th cause of action for breach of the implied warranty of habitability, the 5th cause of action for breach of the covenant of quiet enjoyment, the 6th cause of action under CC §1942.4 and the 8th cause of action for public nuisance. The Demurrer to the ...

Excerpt: ...state Properties and Brian Stace's Demurrer to the FAXC is : (1) SUSTAINED W/O LEAVE TO AMEND as to the 7th c/a for violation of Bus> & Prof. code 17200, (2) OVERRULED as to the accounting claim, and (3) SUSTAINED W/10 DAYS LEAVE TO AMEND as to the remaining claims. X-Defendants' Motion to Strike is MOOT. I. All causes of action improperly incorporate X-Defendants' filing of the underlying lawsuit as grounds for liability. Demurrer is properly su...

Excerpt: ...ifying a cause of action as an ‘intentional tort' as opposed to ‘negligence' does not itself remove the claim from the requirements of section 425.13(a). The allegations that identify the nature and cause of a plaintiff's injury must be examined to determine whether each is directly related to the manner in which professional services were provided…And, contrary to plaintiffs' argument, section 425.13(a) applies regardless of whether the co...

Excerpt: ...RULING Defendant's Motion for Summary Judgment, or in the alternative Summary Adjudication, is DENIED. I. Triable issues of fact remain as to Plaintiff's design defect claim “Design defect” strict liability may be established under either of two alternative tests, commonly known as the “consumer expectation” and “risk-benefit” tests. See Kim v. Toyota Motor Corp. (2018) 6 Cal.5th 21, 30; Barker v. Lull Engineering Co., Inc. (1978) 20 ...

Excerpt: ...o answer in 10 days. Defendant's Request for Judicial Notice is GRANTED. I. Defendant's Demurrer based on res judicata is OVERRULED A. The NCB FAXC and USB Federal Action did not involve the same “causes of action” alleged in this action “California adheres to a ‘primary rights' theory in determining whether the claims or causes of action are the same. The significant factor is whether the claim or cause of action is for invasion of a sin...

Excerpt: ...CSU TENTATIVE RULING Plaintiffs' Demurrer to Defendant's First Amended Answer is OVERRULED and the MTS is GRANTED as to the 8 th Affirmative Defense for Fees and DENIED as to all remaining defenses. Plaintiff Ross also filed an MJP to the 3 rd, 4 th, 6 th, 9 th through 18 th, 20 th, 22 nd and 25 th affirmative defenses alleged in the FAA. An MJP serves the exact same function as a demurrer based on the answer's failure to state facts to constitut...

Excerpt: ...d affirmatively barred by statute of limitations Statute of limitations is not an appropriate ground to sustain a demurrer unless the complaint allegations clearly and affirmatively establish that the action is time barred. See Roman v. County of Los Angeles (2000) 85 Cal.App.4th 316, 324-325. “This will not be the case unless the complaint alleges every fact which the defendant would be required to prove if he were to plead the bar of the appl...