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: ...nc. TENTATIVE RULING Plaintiff Heather Andrews' Motion for Attorney's Fees is GRANTED in the amount of _____________. Plaintiff's request for a multiplier is DENIED. Defendants' objections and motions to strike declarations of Kete Barnes and Ryan Abbott are OVERRULED and DENIED. Andrews undisputedly prevailed on her Labor Code claims. Defendants do not dispute this. As such, Andrews is entitled to recovery of a reasonable fee for the time spent ...

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�...

Excerpt: ... for Summary Judgment is GRANTED. Plaintiff is to submit the proposed judgment. An essential element of an unlawful detainer claim based on nonpayment of rent is service of a 3- day notice to pay rent or quit. See CCP §1161(2). Plaintiff submits evidence that it served a 3-day notice to pay rent or quit by substituted service on Alex Mojado, manager of “Restaurant.” See Motion, Dec. of G. Mitchell, ¶8, Ex. C. Plaintiff also submits evidence...

Excerpt: ...ANTED. Defendant Taheri's request for fees in the amount of $7,235 is GRANTED as to Plaintiffs. I. Applicable Law “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” CCP §405.30. On a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens has...

Excerpt: ...D. Defendant negates any liability based on the statutes cited in Plaintiff's 2 nd cause of action for negligence based on Government Code §§815.2, 815.4 and 820 due to immunity under Government Code §840. Plaintiff fails to raise triable issues of fact based on the operative complaint. To the extent Plaintiff seeks leave to add Government Code §840.2 to the 2 nd cause of action as grounds for liability, she must move to do by noticed motion ...

Excerpt: ...laintiff Brian Deming s Motion to Tax Costs is GRANTED as to Item 13 in the amount of S279.57, leaving a total of $2,009.43 in Other costs, and DENIED as to all other Items. Plaintiff Wendy Deming's Motion to Tax Costs is GRANTED as to Item 13 in the amount of $279.57, leaving a total of $2,009.43 in Other costs, and DENIED as to all other Items. I. Defendants are entitled to recovery of costs asa matter of right as "prevailing parties" under CCP...

Excerpt: ...n the alternative, Summary Adjudication is DENIED. Defendant fails to satis$ its initial burden as moving party. Plaintiffs Evidentiary Objections To Cato Declaration— OVERRULE as to Objection Nos. 1-4 To Bernardo Declaration— Objection 1: SUSTAIN as to "As such...collecüve bargaming agreement" and OVERRULE as to remammg. Objection 2-3, 6-9: SUSTAIN Objection 4-5: OVERRULE To Simidjian Declaration— Objection 1, 3, 4, : SUSTAIN Objection 2:...

Excerpt: ...vo's Motion for Leave to File First Amended Complaint is GRANTED. Corvo is ordered to file the proposed FAC under separate cover. "Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown." P&D Consultants Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345. Prejudice exists, for example, where the plaintiff unduly delayed in s...

Excerpt: ...ENTATIVE RULING Plaintiffs' Motion for Leave to Amend Complaintis DENIED. I. Plaintiffs fail to satisfr CRC Rule 3.1324 Requirements A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate It from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, para...

Excerpt: ...en requested to do so under this chapter and if the party- requestmg that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees." CCP 52033.4200. I. Plaintiffs Motion DENIED as to Issue Nos. 1, 2...

Excerpt: ...ICE. Plaintiff fails to demonstrate good cause under Evidence Code 51043 as to each of the Ävelve categories of documents identified in the Notice of Motion. ANALYSIS A peace officers personnel file is only discoverable pursuant to Evidence Code "1043 and 1045. Evidence Code 51043 "requires the party seeking the discovery of peace or custodial officer personnel records or information from those records to file a motion with the court and give no...

Excerpt: ...t is OVERRULED. Ronald's demurs to the express indemnification cause of action alleged in Citys Cross-Complaint filed on 10-14-22. The express indemmfication cause of action is based on the following indemnification provision contained in the membership agreement signed by Ronald: "The undersigned hereby agrees to defend, indemni$, and hold harmless the City of Calabasas and Its omcers, employees and agents from and against any and all loss, liab...

Excerpt: ...violence under CC 552.4 and 8th cause of action for general negligence is SUSTAINED WITHOUT LEAVE TO AMEND and to the 1st cause of action for negligent hiring, etc„ 2nd cause of action for negligent failure to warn, 4th cause of action for sexual harassment, 7th cause of action for IIED, 9th cause of action for violation of Unruh Act and 10th cause of action for violation of Bane Act is OVERRULED. Defendant Men's Health is not named in the 5th ...

Excerpt: ...f Gordon Klein TENTATIVE RULING Defendants The Regents of the University of California and Antonio Bernardo's Motion for Protective Order, or in the alternative, Motion to Quash Plaintiffs Deposition Subpoena to Charles E. Young is DENIED. Defendants move for a protective order under CCP 51987.1 or an order quashing the subpoena under CCP 52025.420. "Before, during, or after a deposition, any party any deponent, or any other affected natural pers...

Excerpt: ...14 and 15. I. The Court exercises its discretion to hear it the arguably untimely motion. "The special motion may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the courtrequire a later hearing." CCP 5425.160...

Excerpt: ...ama, Inc. RESP. PARTY: (2) Plaintiff Velaro, Inc. (1) Plaintiff Velaro, Inc. (2) Defendant LG Electronics Alabama, Inc. TENTATIVE RULING Defendant LG Electronics Alabama, Inc.'s Motion to Dismiss Plamtiffs PAC is GRANTED The action is dismissed pursuantto Y9(a) of the 5-27-08 Agreement and CCP 5418.10. Plaintiffs Application for Writ of Attachment is off calendar in light of the dismissal. Defendant's RJN ISO of the Motion to Dismiss is GRANTED. ...

Excerpt: ...Defendant Jad Roofs, Inc's Motion for Summary Judgment, or in the Alternative Summary Adjudication is DENIED. Jad's objections to Dec. of S. Dozer—OVERRULE Jad's objection to Dec. of E. Willmer—OVERRULE Jad moves for summary judgment or adjudication of two separate pleadings, Jad's cross-complaint against Svatek and Svatek's cross-complaint against Jad. Jad improperly combined the request for summary judgment of two separate pleadings in a si...

Excerpt: ...EAVE TO AMEND as to Stone and OVERRULED as to Nowog on the 2nd cause of action for negligence; SUSTAINED WITHOUT LEAVE TO AMEND on the 3 rd cause of action for Negligent Infliction of Emotional Distress (NIED) and OVERRULED on the 4 th cause of action for Intentional Infliction of Emotional Distress (IIED). Defendants do not demur to the 1 st cause of action for premises liability alleged against Defendant Nowog only. II. Demurrer to 2 nd cause o...

Excerpt: ...t dated May 17, 2011 TENTATIVE RULING Cross-Defendant James Hanley's Motion for Summary Judgment, or in the alternative, Summary Adjudication is DENIED. A. Burden on summary judgment based on affirmative defense 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 pleaded, cannot be established, or that there is a complete defense to that cause of...

Excerpt: ... WITH 10 DAYS LEAVE TO AMEND. The Cross-Complaint in included as part of the answer. Each cause of action in the Cross- Complaint incorporates by reference, “all preceding paragraphs of her Answer, Affirmative Defenses and Counterclaims.” Because this defect infects the entirety of the pleading and makes it impossible for the Court to determine what precise facts are incorporated into each cause of action, Plaintiff's demurrer to each separat...

Excerpt: ...nd Michael Vaughan Public Insurance Adjusters TENTATIVE RULING Defendant/Cross---Complainant Michael Hakim's Motion for Leave to Designate Experts for Defendants/Cross---Complainants is DENIED. I. Applicable Law “On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date.” CCP §2034.710(a). “A motion und...

Excerpt: ...SP. PARTY: No opposition was filed. Defendants filed a notice of non-opposition. TENTATIVE RULING Defendants Bye Bye House, Inc. and Center Street Lending VIII, SPE, LLC's (“Defendants”) Demurrer to the claims in the First Amended Complaint (FAC) for quiet title and cancelation of written instrument is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Defendants' Motion to Strike the Fraud cause of action is GRANTED, WITHOUT LEAVE TO AMEND. REASONING Pl...

Excerpt: ...e FAC is OVERRULED. Defendant to answer in 10 days. I. 1 st cause of action for breach of contract—OVERRULE Defendant ABM argues the contracts will disprove Plaintiff's allegations of breach, because they do not impose the obligations alleged by Plaintiff in ¶¶10 and 13 of the FAC. However, a demurrer does not test the Plaintiff's ability to prove the complaint allegations. See Scmier v. City of Berkeley (2022) 76 Cal.pp.5th 549, 553, fn 4 (u...

Excerpt: ...LING Plaintiff/Cross-Defendant Moda's Motion for Leave to File a Fourth Amended Complaint is DENIED. Plaintiff unduly and unreasonably delayed in moving for leave to cure pleading defects first raised by Defendants in February 2022. Based on Plaintiff's explanation for seeking leave at this late hour, Plaintiff could have cured these defects in February 2022 and obtained leave in connection with the Motion to Strike. Plaintiff failed to do so and...

Excerpt: ...derlyi & Associates, Inc., Peter T. Erdelyi and Sayed Attaalia's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for fraud and OVERRULED as to the 1 st cause of action for breach of contract, 3 rd cause of action for negligence, 4 th cause of action for violation of B&PC §17200, 5 th cause of action for breach of the implied covenant of good faith and fair dealing and 6 th cause of action for declaratory relief. I. 1 ...

Excerpt: ... and Scott Walter RESP. PARTY: Plaintiff Gert Besson TENTATIVE RULING Defendants 1238 10 th Street, LLC, NMS Properties, Inc., NMS Residential, LLC, My Suite, LLC, WNMS Communities, LLC, Neil Shekhter, Margot Shekhter, Adam Shekhter and Scott Walter's Demurrer is OVERRULED. Defendants 1238 10 th Street, LLC, NMS Properties, Inc., NMS Residential, LLC, My Suite, LLC, WNMS Communities, LLC, Neil Shekhter, Margot Shekhter, Adam Shekhter and Scott Wa...

Excerpt: ...gers, Jr. TENTATIVE RULING Defendants TKAT, Inc. d/b/a Volvo of Santa Monica and Ally Bank's Motion for Summary Judgment is GRANTED. Defendants TKAT, Inc. and Ally Bank are only named in the first cause of action for violation of the Consumer Legal Remedies Act (“CLRA”). Plaintiff alleges Defendants violation Civil Code §1770(a)(7) and (14) when they failed to disclose that the engine was “flagged” and therefore could not be repaired. �...

Excerpt: ...cause of action for Housing Discrimination based on Income is GRANTED. Undisputed facts establish that Defendants violated S.M.M.C. §4.28.030 by discriminating against St. James based on source of income. See Defendants' SSUMF Nos. 3-9. Under S.M.M.C §4.28.030(a), “It shall be unlawful for any person offering for rent or lease, renting, leasing, or listing any housing accommodation, or any authorized agent or employee of such person, to do or...

Excerpt: ...cause of action for Housing Discrimination based on Income is GRANTED. Undisputed facts establish that Defendants violated S.M.M.C. §4.28.030 by discriminating against St. James based on source of income. See Defendants' SSUMF Nos. 3-9. Under S.M.M.C §4.28.030(a), “It shall be unlawful for any person offering for rent or lease, renting, leasing, or listing any housing accommodation, or any authorized agent or employee of such person, to do or...

Excerpt: ...or Change of Venue is GRANTED. Defendants' request for sanctions is DENIED. Defendants' Evidentiary Objections—SUSTAIN as to Objection Nos. 10 (“Mr. Levaton stated that he was fine…myself agreed), 11, 12 (“Our partnership agreement was formed in Los Angeles”), 18, 22, 23, 24, 27, 47, 55 and OVERRULE as to Objection Nos. 1-10 (“On March 20, 2018, Huber and Dryden traveled…that Mr. Levaton would refer to me as partner of Global.”), ...

Excerpt: ...ino and Patty Kranker RESP. PARTY: Plaintiff AJ DOE, a minor by her Guardian Ad Litem, JB Doe TENTATIVE RULING Defendants LAUSD, Kathy Flores, Jeannie Micelli, Bernadette Duffy, Eduardo Merino and Patty Kranker's Motion for Summary Judgment or in the alternative, Summary Adjudication is DENIED. Defendants' Objections to Plaintiff's Evidence Objections to Dec. of JB Doe—SUSTAINED as to Objection No. 8 and OVERRULED as to Objections 1-7, 9- 26. O...

Excerpt: ...rs, Inc. d/b/a Reaume Richardson and Rapid Gas, Inc. TENTATIVE RULING Plaintiff/Cross-Defendant Advanced Framing Structures, Inc.'s Demurrer to Cross-Complaint of City Constructors, Inc. d/b/a Reaume Richardson is SUSTAINED WITHOUT LEAVE TO AMEND to the 2nd cause of action for equitable indemnification and OVERRULED as to the 1 st cause of action for breach of contract, 3 rd cause of action for express indemnification and 4 th cause of action for...

Excerpt: ...mas, M.A.E.C. LLC and Healthcare Deal Team TENTATIVE RULING Plaintiffs' Motion for Preliminary Injunction is DENIED. Plaintiffs seek issuance of a preliminary injunction based on their causes of action misappropriation of trade secret and unfair competition. Plaintiffs must establish the likelihood that (1) the likelihood of prevailing on these causes of action; (2) the existence of irreparable harm/inadequacy of legal remedies, i.e. a real threa...

Excerpt: ...rrer is OVERRULED. Defendants' Motion to Strike is DENIED. Defendants to answer in 10 days. I. 2 nd cause of action for financial elder abuse—OVERRULED Financial elder abuse “occurs when a person or entity does any of the following: (1) [t]akes, secretes, appropriates, obtains, or retains real or personal property of an elder ... for a wrongful use or with intent to defraud, or both[;] [¶] (2) [a]ssists in taking, secreting, appropriating, o...

Excerpt: ... Jesus Hernandez RESP. PARTY: (1) Defendant Pacific West Construction Services, Inc. (2) Cross-Defendant KN Coatings TENTATIVE RULING Cross-Defendant KN Coatings Application for Determination of Good Faith Settlement is GRANTED. KN Coatings' $8500 settlement is not disproportionately low based on the evidence of Ramo's approximate recovery and KN Coatings' proportionate liability. Pac West fails to establish that the settlement is in bad faith. C...

Excerpt: ...itration Award is GRANTED. The proposed order and judgment are amended to include a dismissal of Plaintiff's 2 nd, 3 rd and 4 th causes of action for negligent misrepresentation, CC §895, et seq. and negligence. Plaintiff is to submit a new proposed order. “Any party to an arbitration which an award has been made may petition the court to confirm, correct or vacate the award.” CCP §1285. “A petition under this chapter shall: (a) set forth...

Excerpt: ...imited Partnership TENTATIVE RULING Defendant Amber Lease's Demurrer is OVERRULED and Motion to Strike is DENIED. Lease to answer in 20 days. I. Demurrer to 8 th cause of action for civil theft (Penal Code §496(c))—OVERRULE “Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees...

Excerpt: ...t to CCP §425.16(c) is GRANTED in the reduced amount of ________________ in fees and $911.69 in costs. The Court's reduction of fees reflects Defendant's partial victory on Defendant's SLAPP Motion. Defendant Gonzalez partially prevailed on the SLAPP motion filed on 5-9-22 and heard on 9-15- 22. Defendant's SLAPP Motion was granted as to the fraud cause of action and denied as to the trespass and conversion causes of action. Defendant achieved a...

Excerpt: ...ntiff Ekoh Investment, Inc. RESP. PARTY: Non-party Deponent Gregory S. Kim TENTATIVE RULING Plaintiff's Motion to Compel Production of Documents by Gregory S. Kim of the Law Office of Gregory S. Kim and Request for Sanctions against the Law Office of Gregory S. Kim in the Amount of $3920 is GRANTED as to the request to compel and DENIED as to sanctions. Plaintiff moves to compel documents from Gregory S. Kim in response to RFP Nos. 1-18 contained...

Excerpt: ...E RULING Defendant Michael Wibben, Administrator of the Estate of Charles R. Nauert's Motion to Quash Service of Summons is GRANTED. Plaintiff sued Defendant Michael Wibben in his representative capacity as administrator of the Estate of Charles R. Nauert. See Summons on Complaint filed on 11-8-22. Wibben was discharged as the administrator of the Estate on 6-13-22. See Motion, RJN, Ex. F. Wibben argues the Court must grant this motion to quash a...

Excerpt: ... Construction Law, APC's Motion to Transfer Venue is GRANTED. Defendants are to submit the proposed order. I. Motion is not brought pursuant to CCP §396b and is timely “Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be t...

Excerpt: ...4 of Varughese's Declaration and SUSTAINED as to ¶¶5-9 of the Varughese Declaration. Plaintiff's evidentiary objections to ¶¶3-5 of the Poulter Declaration are SUSTAINED. Defendant's objections to Grace Kang's declaration (# 1-4) are SUSTAINED the objection to the declaration of B. Brogan (#5) is OVERRULLED. “Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the...

Excerpt: ... to Complaint is OVERRULED. Defendant Apguard to answer in 20 days. I. Whether Apguard Medical Inc. is subject to products liability cannot be determined on this demurrer Defendant Apguard demurs to the 1 st and 2 nd causes of action for products liability on grounds that it is a service provider, not a retailer or distributor of the BiPAP machine that allegedly caused decedent's death. Defendant Apgaurd argues that, as a medical service provider...

Excerpt: ...s Philip W. Boesch, Jr, APC and Philip W. Boesch, Jr.'s Motion for Summary Judgment is DENIED. Defendants' Requests for Judicial notice (RJN) (2) are GRANTED. Plaintiff's RJN is GRANTED. Defendant's objections to the declaration of Gina Lomeli are OVERRULED. Defendants move for summary judgment of Plaintiffs' causes of action for breach of lease agreement and breach guaranty. Defendants' motion is based on the affirmative defense set forth in Sec...

Excerpt: ...r conversion and 6 th cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for trespass to chattels, 3 rd cause of action for negligence, 4 th cause of action for negligence per se (Penal Code §459), 5 th cause of action for negligence per se (Penal Code §484) and 7 th cause of action for breach of the implied covenant of good faith and fair dealing. Defendant Ammari's Motion to Strike is DENIED. Defendant to answ...

Excerpt: ...: Plaintiff Goldman Sachs Bank USA TENTATIVE RULING Plaintiff Riehl Construction Consulting, LLC's Motion for Release of Funds Held in Blocked Account Payable to Riehl Construction Consulting, LLC is DENIED. I. Riehl's judgment in 20SMCV01378 does not entitle it to release of the blocked funds “Due process requires service of a complaint that names as defendants all persons who have a title interest in, or a lien on, the premises and will be af...

Excerpt: ...and (2) Defendants/Cross-Complainants Darrell Roy Enterprises, Inc. and Michael Roy TENTATIVE RULING Plaintiff/Cross-Defendant Maliview Estates' Demurrer to Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff/Cross-Defendant Amit Apel's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. “Equitable indemnity is an equitable doctrine that apportions responsibility among tortfeasors responsible for the same indivisible injury on a comparativ...

Excerpt: ...aith Settlement Determination is GRANTED. Background Plaintiff Rafael Garcia (“Plaintiff”) alleges as follows: On October 14, 2019, at approximately 7:40 p.m., Plaintiff was riding his motorcycle northbound on Grand Avenue in Diamond Bar (“City”) when Afzal M. Hai (“Afzal”), driving southbound of Grand Avenue, turned left onto Cleghorn Drive resulting in a collision. City and County of Los Angeles (“County”) created a dangerous co...

Excerpt: ...Matter to Trial Within Five Years is DENIED. The trial court lacks jurisdiction to dismiss this case in response to a motion to dismiss filed by Fichman's counsel. “The defendant here having died, the court could have allowed the action to continue against her personal representative or her insurer, but it could take no action without someone to defend the case. The record shows neither the appointment of a personal representative for defendant...

Excerpt: ... answer in 10 days. Defendant's RJN is GRANTED. Plaintiff's RJN is GRANTED. Suspension of a corporation provides an opposing party with an affirmative defense that, when timely raised, prevents the corporation from prosecuting or defending an action in a California court. See Rev. & Tax. C. §§23301, 13301.5; Bourhis v. Lord (2013) 56 Cal.4th 320, 324. Further, contracts entered into by the corporation during suspension are voidable at the optio...

Excerpt: ...ation, Inc. and Evan E. Levi's Motion for Summary Adjudication is DENIED. Objection to Declaration of D. Carr—SUSTAINED as to 10, 11, 21, 22, 45, 65, 66, 67, 68, 69 and OVERRULED as to remaining. Objection to Declaration of Evan Levi—SUSTAINED as to Obj. Nos. 1, 3-13, 17 and OVERRULED as to Obj. Nos. 2, 14, 15, 16, 18, Exs. E and F Objection to Declaration of V. Megeurian—SUSTAINED as to Obj. Nos. 1, 2, 2 (there are two Objection No. “2�...

Excerpt: ... and Lynda A. Levy's Motion for Preferential Trial Setting is GRANTED. Plaintiffs submitted a declaration in conformity with CCP §36.5 attesting to service of process on all essential parties in this action. See Motion, Dec. of M. Palmer, ¶9. Defendants' objection based on failure to comply with CCP §36.5 is overruled. Plaintiffs move for trial preference pursuant to CCP §36(a) and (e). Defendants oppose any request for trial preference under...

Excerpt: ... not yet been related. The hearing on relation of the two cases is set for hearing on the same date as this motion to consolidate. 22VECV00766 is currently pending in Department W of the Van Nuys Courthouse. “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department,...

Excerpt: ...in the alternative, Summary Adjudication is DENIED. Plaintiff's Evidentiary Objection to Supp. Dec. of R. Miller— SUSTAINED. I. Defendant fails to establish immunity under GC §830.6 as a matter of law Defendant City's MSJ/A based on design immunity pursuant to GC §830.6 is denied. Govt. Code § 830.6 provides, “Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construc...

Excerpt: ...nsel informed the Court that Plaintiff Interlandi had assigned his claims in this action to his former counsel, Gina Lisita. Defendant objected, asserting such assignment was illegal. On September 30, 2022, with Lisitsa present, counsel for Plaintiff Interlandi confirmed he intends to “substitute” Lisitsa into this case as the plaintiff and that he would represent Lisitsa as the real party in interest in place of Interlandi. A copy of the ass...

Excerpt: ...6.2. Petitioner seeks to vacate the arbitration award based on (1) misconduct of a neutral arbitrator substantially prejudiced petitioner's rights; (2) the arbitrator exceeded his or her authority, and the award cannot be fairly corrected; and (3) the arbitrator unfairly refused to postpone the hearing or to hear evidence useful to settle the dispute. See Petition, Item 10(c). Petitioner argues the panel improperly excluded her expert's testimony...

Excerpt: ...ato's Motion to Strike is DENIED. Keith Fink and Associates' (KFA)request for fees is DENIED. “Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has “at least ‘min...

Excerpt: ...aintiff is granted leave to conduct the specific discovery identified in the proposed order received 9-9-2022. A court may grant a continuance of an anti-SLAPP motion to allow discovery for good cause. (§ 425.16, subd. (g).) (§ 425.16, subd. (g).) “To establish good cause, the plaintiff must file a noticed motion identifying the specific discovery sought and showing this discovery is needed to establish a prima facie case and tailored to that...

Excerpt: ... Defendants David Yashar and DSY Pharmacy Inc. d/b/a Ace Medical Pharmacy's Motion for Summary Judgment is DENIED. Defendants fail to negate Plaintiffs' allegations of breach and causation. Plaintiff's Objections to Defendants' Evidence—OVERRULE. Yashar's statement that he did not recall Decedent specifically does not render his opinion lacking in foundation. Yashar testifies to habit and custom and the testimony is admissible per Evidence Code...

Excerpt: ..., et al. TENTATIVE RULING Defendant Eric L. Foumberg's Motion for Attorney's Fees is GRANTED. Foumberg is awarded fees in the amount of _____________ I. Foumberg entitled to fees as nonsignatory sued as alter ego of judgment debtors A nonsignatory sued as if a party to the contract (e.g., as alter ego or partner or coventurer of the signatory corporation) can recover fees as a prevailing party. See Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d...

Excerpt: ...ed Defendant to help him operate the company and paid Defendant wages. Plaintiff was often in China. In about 2007, Plaintiff authorized Defendant to remit about $120,000.00 from his bank account (to which Defendant had been added for business purposes) to purchase a 4- acre piece of vacant land in New Jersey and to consummate the transaction. Defendant later told Plaintiff the transaction had been completed and showed him a copy of his bank stat...

Excerpt: ...October 29, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants C&L Refrigeration Corporation (“C&L”), Angle Ironworks, Inc. (“Angle”) and Does 1‐50 for: 1. Negligence 2. Premises Liability On January 3, 2020, Plaintiff filed an “Amendment to Complaint,” wherein GB Metal Fabricators, Inc. (“GB Metals”) was named in lieu of Doe 1. On March 11, 2020, GB Metals filed a cross‐complaint, a...

Excerpt: ...atic Stay,” advising therein of its Chapter 11 bankruptcy filing. On November 12, 2020, a “Notice of Stipulation Re: Relief from the Automatic Stay; and Order Thereon” was filed. On September 21, 2021, this action was transferred from Department 32 of the Personal Injury Court to this department. On January 14, 2022, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against SpeedZone Los Angeles, Apex Parks ...

Excerpt: ... and Erika Schnicke TENTATIVE RULING Defendant Queensland Manor South Cooperative, Inc.'s Motion to Set Aside Default is GRANTED. Plaintiff's Request for Judicial Notice GRANTED. The entry of default is set aside, and a trial setting conference is set for ___________________. This case was initially assigned to the LASC “Personal Injury Hub Court.” On November 10, 2021, the then assigned PI Hub judge granted the plaintiff's “motion for term...

Excerpt: ...ces, Inc. and Adrian Jesus Hernandez RESP. PARTY: (1) Defendant Pacific West Construction Services, Inc. (2) Cross-Defendant Mason-Taylor Construction Inc. TENTATIVE RULING Cross-Defendant Mason-Taylor Construction's Application for Determination of Good Faith Settlement is DENIED WITHOUT PREJUDICE. Defendants Pacific West Constructions Services, Inc. and Adrian Jesus Hernandez's (collectively referred to as “Pacific West”) Motion to Contest ...

Excerpt: ...RANTED. I. Invasion of Privacy Law “One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person. The definition of the intrusion tort consists of two elements: (1) the intrusion into a private place, conversation or matter, (2) in a manner h...

Excerpt: ...r Leave to File Second Amended Complaint is GRANTED. Plaintiff's declaration in support of the motion satisfies the requirements under CRC Rule 3.1324. Plaintiff identifies the amendments, their effect, and the information that prompted the amendment. See Dec. of J. Mendelson, ¶¶3-26. “Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing par...

Excerpt: ... Consolidate is GRANTED with the condition that Nulane deposit with the Court, or an agreed upon escrow or trust account all monthly rent MDRCA claims is due each month under the lease pending further order of the Court. Nulane is to prepare the proposed order. As acknowledged in Martin-Bragg v. Moore (2013) 219 Cal.App.4 th 367, consolidation of a UD action and a civil action involving complex title issues would improperly compromise the due pro...

Excerpt: ...009 TENTATIVE RULING Defendant Nautilus Insurance Company's Motion for Summary Judgment is DENIED. Triable issues of fact remain regarding the damages element of Plaintiff's claims against Nautilus. See Defendant's SSUMF Nos. 8-11; Plaintiff's Response to Defendant's SSUMF Nos. 8-11. Defendant Nautlius's Evidentiary Objections Nos. 8 and 9 (Javaheri Dec. ¶¶8-10) are OVERRULED. Defendant Nautilus's Evidentiary Objections 1-7, 10-18 are not ruled...

Excerpt: ...nc.'s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant WFG's Motion to Strike is MOOT. Plaintiff's opposition was filed on 7 court days before the hearing date. While the opposition is untimely, The Court exercises its discretion to consider it. Standing. Plaintiff fails to allege standing to sue for cancellation of instruments, quiet title or fraud. Plaintiff alleges he is the only child of Brigitta Sjorstand, that he is ...

Excerpt: ...ANTED. Plaintiffs' Objections to Zohar Declaration are (1) SUSTAINED as to Objections 9-14 and (2) OVERRULED as to Objections 1-8, 14-28. Defendants' Objections to Cook Declaration are (1) SUSTAINED as to Objections 1-3, 4 as to “Specifically, Guillod told me…in those capacities,” 5 as to “Specifically, Guillod again told me…in those capacities,” 12-43 and (2) OVERRULED as to Objections 6-11. Defendants' Objections to Turnauer Declara...

Excerpt: ...item, Evelyn Garcia, and Evelyn Garcia, individually (“Garcia”) (collectively, “Plaintiffs”) allege as follows: On March 23, 2018, Felix was a 4‐year‐old student at Baker Elementary School (“School”) in El Monte, CA, which is within the Mountain View School District (“District”). Felix sustained injuries after he was left unsupervised in the bathroom and pushed by another student. On May 1, 2019, Plaintiffs filed a complaint, ...

Excerpt: ...RANTED. Defendant is to prepare the order and judgment of dismissal. I. Demurrer to 1 st through 4 th causes of action for violations of Civil Code §§2923.5, 2923.6(c), 2923.7 and 2924.9 is SUSTAINED WITHOUT LEAVE TO AMEND Plaintiff alleges violations of Civil Code §§2923.5, 2923.6(c), 2923.7 and 2924.9. Pursuant to Civil Code §2924.15(a), each of these sections “shall only apply to a first lien mortgage or deed of trust that meets either ...

Excerpt: ...ior tentative ruling of August 4, 2022, is withdrawn in its entirety. Defendants/Cross-Complainants Manchengo, LLC and Arcade Edit New York, LLC's Motion for Summary Adjudication is DENIED, in its entirety. Defendants/Cross-Complainants' Notice of Motion moves to adjudicate the following causes of action for adjudication from the First Amended Complaint (FAC) (1) the 1 st cause of action for breach of written contract; (2) the 4 th cause of actio...

Excerpt: ...e TENTATIVE RULING Defendants Screamline Investment Coprporation, Kamrouz Farhadi, Shoehleh Sapir and Starline Tours of Hollywood's Demurrer to the First Amended Complaint (FAC) is OVERRULED. Defendants' Motion to Strike the FAC is DENIED. Defendants to answer in 10 days. Plaintiffs' Request for Judicial Notice (RJN) is DENIED. Plaintiff's RJN references Exhibits 2 and 3 but no such exhibits are attached. Defendants demur to the complaint on grou...

Excerpt: ...tember 27, 2022. Having considered Plaintiff's memorandum in opposition to the Court's motion, the Court finds that Plaintiff's claim necessarily involves less than $25,000. [Walker v. Sup.Ct. (1991) 53 Cal. 3d 257, 269-270.] Plaintiff seeks as award of damages for unpaid attorney's fees of $21,105 plus prejudgment interest. Plaintiff admits the amount in controversy only exceeds $25,000 if prejudgment interest is included in the calculation of d...

Excerpt: ... Elsenhans and Sam Branco's Motion to Set Aside/Vacate Default is DENIED. Judgment Debtors' Motion to Set Aside/Vacate Default pursuant to CCP §473(b) is DENIED as untimely. The judgment was entered on 7-26-21. The motion was not filed until 6-17-22, almost a year later. CCP §473(b) imposes a mandatory deadline of six months (“within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was ta...

Excerpt: ...s Ltd.'s Motion to Compel Arbitration is GRANTED. The action is stayed pending completion of arbitration pursuant to 9 USC §3 and CCP §1281.4. Plaintiff and Defendant agree that an arbitration agreement applicable to the controversy exists. Plaintiff seeks specific performance of the parties' Purchase Agreement. The Purchase Agreement contains a clearly applicable arbitration clause: “The parties agree that any dispute or claim in law or equi...

Excerpt: ...VE RULING Defendants Oscar Ramirez and Law Offices of Oscar Ramirez PC's Motion for Fees Pursuant to CCP §425.16(c) is GRANTED. The Court awards $108,750 in attorney's fees as the reasonable fee for the work performed by counsel for the Ramirez defendants. I. Applicable Law “[A]bsent circumstances rendering the award unjust, an attorney fee award should ordinarily include compensation for all the hours reasonably spent, including those relatin...

Excerpt: ...r is SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th cause of action for private nuisance, SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 9 th cause of action for violations of Rent Escrow Account Program (Chapter XVI) and OVERRULED as to the 8 th cause of action for Intentional Infliction of Emotional Distress (IIED). Defendants' Motion to Strike is DENIED as to the punitive damages claim and GRANTED as to the treble damages claim. I. 5 th caus...

Excerpt: ...ntiff CAS-Concrete Asphalt Specialists, Inc.'s Motion to Compel Arbitration is DENIED. I. Applicable Law “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 controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controve...

Excerpt: ...Inc. and Adrian Jesus Hernandez RESP. PARTY: (1) Defendant Pacific West Construction Services, Inc. (2) Cross-Defendant Serfin Construction TENTATIVE RULING Cross-Defendant Serfin Construction Inc.'s Application for Determination of Good Faith Settlement is GRANTED. Defendants Pacific West Constructions Services, Inc. and Adrian Jesus Hernandez's (collectively referred to as “Pacific West”) Motion to Contest Good Faith Settlement is DENIED. P...

Excerpt: ...3 MOVING PARTY: Plaintiffs/Cross-Defendants Porfirio Ballardo and Irene Ballardo RESP. PARTY: Defendants/Responding Parties Venice Terrace, LLC and Michael J. Dobson TENTATIVE RULING Plaintiffs/Cross-Defendants Porfirio Ballardo and Irene Ballardo's Motion for Summary Judgment, or in the Alternative Summary Adjudication is DENIED. The Ballardos move for summary judgment or adjudication of (1) the sole cause of action in their complaint against De...

Excerpt: ...ary Objections to M. Lambert Dec.—OVERRULE Defendants' Evidentiary Objections to R. Kavanaugh Dec.—SUSTAIN as to identified references to “illegally,” “false” and “falsely” and “defamatory” and ¶18(3:1-16) and OVERRULED as to remaining objections. Defendants' Evidentiary Objections to Dec. of T. Clare—SUSTAIN as to Exhibits N, S, T, U, ¶¶6, 8, 9 and reference to “defamatory” in ¶5 (2:7). Defendants' Evidentiary Objec...

Excerpt: ...of $225/hr for a total of 122.81 hours or a total of $27,632.25, plus costs in the amount of $1,357.73. Defendant is to submit the proposed order. I. Defendant Tsai is entitled to fees as partially prevailing party A defendant who partially succeeds on an anti-SLAPP motion generally is considered a prevailing party and therefore entitled to fees and costs, unless the results of the motion were so insignificant that defendant did not achieve any �...

Excerpt: ...RULING Defendant John Nguyen's Demurrer to the Complaint is OVERRULED and the Motion to Strike is DENIED. Defendant Jack Sweener's Joinder is GRANTED. “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 comfortable enjoyment of life or property” is a nuisance. See CC §3479; Citizens for Odor Nuisance Abatement v. City of San Diego (20...

Excerpt: ...ING Defendant Steven Madden, Ltd.'s Motion for Summary Judgment is GRANTED. Plaintiffs' Objections to the Dec. of K. Klinsport—OVERRULED Defendant Madden's Objections to Plaintiffs' evidence—(1) Court declines to rule on Objection Nos. 1-4, 6-26 per CCP §437c(q); (2) SUSTAINED as to Objection Nos. 27-38; (3) OVERRULED as to Objection No. 5. I. No triable issues of fact remain as the 2 nd cause of action for conspiracy to commit fraud A. Law ...

Excerpt: ...h Smith TENTATIVE RULING Defendants Bruce B. McLucas M.D., Bruce B. McLucas, MD and Fibroid Treatment Collective's Motion for Terminating Sanctions is DENIED. No lesser sanction for discovery abuse was requested. I. Applicable Law Terminating sanctions should not be imposed lightly and a graduated imposition of sanctions should be used if possible. See Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 279-280 (decision to impose termi...

Excerpt: ...ck TENTATIVE RULING Defendants Misti Schwartz, Courtney Schwartz and Kitti Kittiyachavalit's Demurrer to the FAC is OVERRULED as to the 1 st cause of action for violation of the SMMC and SUSTAIEND WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for quiet title. Defendants' Motion to Strike is GRANTED as to the portions of the FAC identified in ¶¶1, 2, 8, 12 and 16 of the Notice of Motion to Strike, DENIED as to the portions of the FAC ide...

Excerpt: ... New York, LLC's Motion for Summary Adjudication of Plaintiff's First and Fourth Causes of Action of First Amended Complaint and Defendants First and Fifth Causes of Action of Defendants' Cross‐Complaint is DENIED. Defendants' Request for Summary Adjudication of the 5 th Cause of Action for Reformation in the First Amended Complaint is GRANTED. Evidentiary Objections The Court OVERRULES Defendants' Objections to paragraph 9, and SUSTAINS the ob...

Excerpt: ...s SUSTAINED with leave to amend. Defendant City demurs to the first cause of action for negligence and fourth cause of action for trespass on grounds that Plaintiff has failed to allege specific statutes imposing mandatory duties to prevent the alleged damage. A public entity is not liable for an injury unless that liability is provided for by statute. Gov. Code § 815(a). “[T]o state a cause of action every fact essential to the existence of s...

Excerpt: ...D as to the 7 th cause of action for medical malpractice and 9 th cause of action for breach of fiduciary duty and SUSTAINED WITHOUT LEAVE TO AMEND as to the 8 th cause of action for battery. Defendant to answer in 10 days. I. Demurrer based on statute of limitations under CCP §340.5—OVERRULE Defendant Bromberg demurs to the 7 th through 9 th causes of action for medical malpractice, battery and breach of fiduciary duty based on the one-year p...

Excerpt: ...Ehrlich, MD and Mark S. Litwin, MD RESP. PARTY: Plaintiff Patrick Bertranou TENTATIVE RULING Defendants The Regents of the University of California, Richard M. Ehrlich, MD and Mark S. Litwin, MD's Motion for Summary Judgment, or in the alternative Summary Adjudication is DENIED. I. 1 st cause of action for medical negligence—DENY A. Applicable Law The elements of a medical malpractice cause of action are (1) the duty of the professional to use ...

Excerpt: ...ick Bertranou TENTATIVE RULING Defendants The Regents of the University of California, Richard M. Ehrlich, MD and Mark S. Litwin, MD's Motion for Summary Judgment, or in the alternative Summary Adjudication is DENIED. I. 1 st cause of action for medical negligence—DENY A. Applicable Law 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 pr...

Excerpt: ...ch reflects a reduction based on the amount of fees charged by counsel Heller and his firm. I. Petitioners are entitled to seek post‐judgment attorney's fees through either a memo of costs or a noticed motion Respondents argue on reply that Petitioners were required under CCP §1033.5(c)(5)(A) to file a noticed motion for recovery of attorney's fees. However, CCP §1033.5(c)(5)(A) sets forth the procedure for recovery of pre-judgment attorney's...

Excerpt: ... by the Court with the stipulation of the parties- is DENIED. Twitter originally moved for reconsideration of the Court's 6-6-22 Order granting Plaintiff's ex parte application for expedited discovery, etc. At the Court's invitation, the parties agreed on 7-1-22 that the request for reconsideration would be construed as a motion to quash, mooting any issues of notice as discussed below, and would be considered by the Court without prejudice to an...

Excerpt: ...efendants LA Apartment Rentals, Inc., Cheryl Williams, Shelley Lozdon and Jonathan Paul Orenshein's Demurrer to the SAC is (1) OVERRULED as to the 1 st cause of action for breach of contract as to Defendant LA Apartment Rentals, Inc. and SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause for breach of contract as to Defendants Williams, Lozdon and Orenshein; (2) OVERRULED as to the 2 nd cause of action for intentional misrepresentation, 5 th c...

Excerpt: ... and Shahar Golan TENTATIVE RULING I. Requested discovery Watt Defendants ask that the Court reopen fact/percipient discovery to allow them to propound subpoenas and other written discovery regarding Ken Babalyan's support care and income from decedent. Watt Defendants seek bank and tax records relevant to Ken's standing to sue for wrongful death per CCP §377.60(b)(1). II. Length of pending action and trial date continuances Using the trial date...

Excerpt: ...Defendants 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. Supplemental Briefing The Court continued this matter from April 7, 2022, so that the Plaintiffs could file a supplemental opposition and Mahoney Defendants could file a supplemental reply. The supplemental briefing ...