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 ...