Excerpt: ...k, et al. TENTATIVE RULING Plaintiffs Tensor Law P.C. & Aaron G. Filler's Motion to Seal the Filed Copy of the Arbitration Award or in the Alternative to Seal the Entire Case is DENIED. Plaintiff has failed to comply with California Rules of Court Rules 2.550 and 2.551. (“A record must not be filed under seal without a court order (Rule 255.1(a).) Neither the complaint, nor any other document has been lodged with the court “conditionally unde...

Excerpt: ...CCP §§430.10(e), (g) and (f). Plaintiff is given 20 days leave to amend. Defendant is only party to the 1 st, 2nd and 3 rd cause of action. Plaintiff failed to plead sufficient facts of the existence of a contract for the 1st cause of action, and the pleadings were uncertain or ambiguous as the 2 nd and 3 rd cause of action. 1st cause of action for breach of contract—SUSTAIN W/20 DAYS LEAVE TO AMEND. To prevail on a cause of action for breach...

Excerpt: ...has failed to meet his burden to show Defendant was properly served with the summons and complaint in Milan, Italy on April 27, 2023 in accordance with Code Civ. Proc. § 413.10(c) and The Hague Convention Article 10(c). “On a motion to quash service of summons, the plaintiff bears the burden of proving by a preponderance of the evidence that all jurisdictional criteria are met. (Citations omitted.) The burden must be met by competent evidence ...

Excerpt: ...pel Further Responses to her request for production of documents (Set One) and Imposition of Monetary Sanctions is GRANTED in part and DENIED in part. Defendant is ordered to serve a supplemental response to request numbers 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32, 33, 34, 35, and 36. Defendant's objections that the requests are overbroad, cause undue burden, or otherwise seek the production of documents tha...

Excerpt: ...n is stayed pursuant to CCP §1281.4 pending completion of arbitration. Plaintiff's objections to the evidence in support of Plaintiff's opposition to Defendant's Motion to Compel Arbitration are Overruled. Defendant has met their burden of providing the existence of a valid agreed upon arbitration agreement. Plaintiff has not met their burden proving Defendant waived their right to arbitrate under CCP 1281.2(a). Defendant Bird Rides, Inc. moves ...

Excerpt: ...efendants Southern California Healthcare System, Inc. and Prospect Medical Holdings, Inc's Motion for Summary Judgment directed to Plaintiff's first amended complaint is DENIED as moot by Plaintiff's Second Amended Complaint. Plaintiff asserts Defendant's motion was rendered moot by the filing of Plaintiff's second amended complaint (FAC). Plaintiff is correct. “On summary judgment motions, the pleadings always define the issues.” Hejmadi v. ...

Excerpt: ... “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 or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.”...

Excerpt: ...Defendant Alesia Cook (2) Plaintiffs Prado, et al. TENTATIVE RULING (1) Defendant Orlin Dobreff's Supplement to Motion for Contribution filed on 5‐9‐23 is DENIED, WITHOUT PREJUDICE. GRANTED. Defendant's RJN is GRANTED. Defendant Dobreff moves for contribution from Defendant Cook pursuant to CCP §882. Dobreff must establish that (1) Stoytchev and Cook were judgment debtors on a judgment for which they were jointly liable, (2) Stoytchev satisf...

Excerpt: ...avi TENTATIVE RULING Defendants Randy Fifield, Tony Maintenance & Gorden and Antonio Aguilera's Demurrer to the 2nd cause of action for private nuisance in the FAC is OVERRULED and the Motion to Strike is DENIED. I. Demurrer to 2 nd cause of action for private nuisance—OVERRULE “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 comfor...

Excerpt: ...hezkel Kashanian TENTATIVE RULING Plaintiff Falcon Enterprises, LLC's Motion for Leave to File Amended Complaint is GRANTED. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified: "If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend; and, where the refusal also results in a party being de...

Excerpt: ...3) 89 Cal.App.5 th 213, 221-222. Plaintiff pleads substantial compliance with Government Code §945.4. Defendant City's RJN is GRANTED. Defendant is ordered to answer in 20 days. “Except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing ...

Excerpt: ...ng Fan and Steven Cai's Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3 rd cause of action for fraud, and OVERRULED as to the 1 st cause of action for breach of contract, 2 nd cause of action for breach of account stated, 4 th cause of action for quantum meruit, 5 th cause of action for unpaid wages and overtime and 6 th cause of action for failure to provide accurate wage statements. Plaintiff has not filed a First...

Excerpt: ...a TENTATIVE RULING Plaintiffs Ashdale Development LLC and Glass Residential Group, Inc.'s Motion to Compel Arbitration is GRANTED as to Mir Hardwood and DENIED as to Chaplya. I. Plaintiff fails to establish the FAA applies “[T]he United States Supreme Court has identified three categories of activity that Congress may regulate under the commerce power: (1) the channels of interstate commerce, (2) the instrumentalities of interstate commerce and...

Excerpt: ...plaint is OVERRULED. Defendants to answer in 20 days. I. Affirmative Defenses—OVERRULE Defendant demurs to the complaint based on several defenses. Defendant asserts the 1 st cause for violation of state housing law violations and the 3 rd cause of action for municipal code violations are barred by statute of limitations and laches. Defendant asserts the entire action qualifies as a taking. A “demurrer based on an affirmative defense cannot p...

Excerpt: ... Calabasas (2) Cross-Defendant Ronald Jeffrey TENTATIVE RULING Cross-Complainant City of Calabasas's Motion for Summary Judgment is DENIED. Cross- Defendant Ronald Jeffrey's Motion for Summary Judgment is DENIED. City of Calabasas and Ronald Jeffrey filed cross motions for summary judgment of City's cross- complaint. City's cross-complaint alleges a lone cause of action for express contractual indemnification from Ronald for the complaint filed b...

Excerpt: ...aint as of 7-25-23 TENTATIVE RULING Defendant Michael Pierattini's “Answer…by Notice of Demurrers and Demurrers to, and Notice of Motions and Motions to Strike Portions of, Plaintiff's First Amended Complaint” is OVERRULED and DENIED. Pierattini to answer in 20 days. Pierattini's “Answer by Notice of Demurrers… and Motions to Strike” improperly combines a demurrer and motion to strike into a single document. Pierattini moves to strike...

Excerpt: ...ttorney's Fees is DENIED. Ramirez's SLAPP motion fails to establish that the 1 st, 2 nd and 4 th causes of action of Defendant/Cross-Complainant's Cross-Complaint arose from protected conduct. I. Court has jurisdiction to award fees per CCP §425.16(c) despite voluntary dismissal prior to hearing on SLAPP Motion If plaintiff voluntarily dismisses the action after defendant files an anti-SLAPP motion, the court loses jurisdiction to rule on the mo...

Excerpt: ...ttorney's Fees is DENIED. Ramirez's SLAPP motion fails to establish that the 1 st, 2 nd and 4 th causes of action of Defendant/Cross-Complainant's Cross-Complaint arose from protected conduct. I. Court has jurisdiction to award fees per CCP §425.16(c) despite voluntary dismissal prior to hearing on SLAPP Motion If plaintiff voluntarily dismisses the action after defendant files an anti-SLAPP motion, the court loses jurisdiction to rule on the mo...

Excerpt: ...laint is OVERRULED. Defendants to answer in 20 days. Defendants' RJN is GRANTED. Plaintiff's RJN is GRANTED. Defendants demur to the complaint based on CCP §430.10(c). “The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:…(c) There is another action pending between the same parties on the same cause of...

Excerpt: ...tice 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 profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence. See Avivi v. Centro Medico Urgente Medical Center (2...

Excerpt: ...RESP. PARTY: Plaintiff Peter Sjorstand TENTATIVE RULING Defendants Bye Bye House, Inc. and Center Street Lending VIII, SPE, LLC's Demurrer to the FAC is OVERRULED. Defendants' Motion to Strike is GRANTED. The Court notes the motion to strike is unopposed. Defendants ordered to answer within 10 days. I. Cancellation of Written Instrument—OVERRULED “A written instrument, in respect to which there is a reasonable apprehension that if left outsta...

Excerpt: ...473(b) is GRANTED. Adamitis's propose answer should be filed separately today. Adamitis failed to file an answer in time to avoid the default entered on 2-27-23. Default judgment was entered on 4-13-23. Adamitis claims he was unable to file an answer in time to avoid default and default judgment due to his severe depression and anxiety. Adamitis claims his condition was so severe, he was unable to focus or understand the nature of the legal proce...

Excerpt: ...for Sanctions pursuant to CCP §128.7 is DENIED. I. Applicable Law “By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met:�...

Excerpt: ...iss, P.C. TENTATIVE RULING Plaintiff's Demurrer to the First Amended Answer (“FAA”) is SUSTAINED WITHOUT LEAVE TO AMEND as to the 16 th affirmative defense for “unknown defenses” and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3 rd affirmative defense (statute of limitations). Plaintiff's demurer to the 8 th affirmative defense (superseding, intervening conduct of 3 rd parties), 9 th affirmative defense (avoidable consequences), 11 th...

Excerpt: ...t John Spahi TENTATIVE RULING Plaintiff/Cross-Defendant Ocean Towers Housing Corporation's Ex Parte Application for Emergency Order Enforcing Terms of Settlement Agreement between Plaintiff and Defendant John Spahi pursuant to CCP §664.6 is DENIED. Plaintiff's original motion claimed that Spahi was in breach of the settlement agreement in two ways. First, Spahi was obstructing the sale of Units 508B and 1601B, because he refused to amend certain...