Excerpt: ...eles, et al.'s Motion for Judgment on the Pleadings is DENIED. Defendants' RJN is DENIED as to Exhibit C and GRANTED as to Exhibits A, B and D-I. I. Motions for Judgment on the Pleadings Pursuant to CCP §438(g)(1), a statutory motion for judgment on the pleadings may be made even though the “moving party has already demurred to the complaint or answer…on the same grounds as is the basis for the motion [for judgment on the pleadings, provided...

Excerpt: ...Defendant Samek's Motion to Strike Portions of the Third Amended Complaint is GRANTED as to the injunctive relief allegations and DENIED as to the request for investigative costs as damages. A motion to strike only asks if the allegations are “irrelevant, false or improper matter” or if they are “not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” CCP §436. The grounds for the motion to ...

Excerpt: ...Cross-Defendants Travel Entertainment and Marketing, LLC' and Michael Olivas' Motion for SLAPP Fees is GRANTED. Cross-Defendants are awarded fees in the amount of $19,617.50 plus costs in the amount of $120, for a total of $1,9737.50. 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 d...

Excerpt: ..., LLC, WS Communities LLC, WNMS Communities, LLC, NMS Properties, Inc., NMS Residential, LLC, My Suite LLC, Scott Walter and Adam Shekhter RESP. PARTY: (1) and (2) Plaintiffs City of Santa Monica, People of the State of California and the Santa Monica Rent Control Board TENTATIVE RULING Defendants Scott Walter and Adam Shekhter's Demurrer to Complaint is OVERRULED. Defendants 1238 10 th Street, LLC, 1238 10 th Street Holdings, LLC, WS Communities...

Excerpt: ...ore JAMS is GRANTED IN PART AND DENIED IN PART. Petitioner's request for an order compelling arbitration is GRANTED. Petitioner's request to compel arbitration before JAMS is DENIED. Petitioner's request that an arbitrator be appointed pursuant to CCP §1281.6 is GRANTED. Petitioner's request for fees and costs incurred in connection with this Petition for Order Compelling Order before JAMS is DENIED without prejudice. I. Petition to Compel Arbit...

Excerpt: ...AC is OVERRULED as to the 1 st cause of action for nuisance, 3 rd cause of action for violation of Beverly Hills Noise Ordinance §5-1-104 and 4 th cause of action for trespass and SUSTAINED without leave to amend as to the 2 nd cause of action for Intentional Infliction of Emotional Distress [IIED]. Defendant Croll's Motion to Strike is MOOT as to the 1 st through 4th causes of action and GRANTED as to the punitive damages cause of action. Defen...

Excerpt: ...s DENIED. Defendant's Objections Nos. 1‐9 are SUSTAINED. Defendant Alexandra Dwek (“Defendant”) fails to meet her initial burden on summary judgment of shifting the burden to Plaintiff to establish a triable issue of fact, and, even if she had, Plaintiff raises a triable issue of material fact precluding summary judgment. “The standard elements of a claim for breach of contract are: ‘(1) the contract, (2) plaintiff's performance or excu...

Excerpt: ...n Kolar (2) Plaintiff Erik Merrill TENTATIVE RULING Defendant Brentwood Country Club Los Angeles's petitions to compel plaintiffs Sean Kolar and Erik Merrill to arbitration are GRANTED. The Court orders plaintiffs Sean Kolar and Erik Merrill to arbitrate all claims alleged in their Complaint in accordance with the parties' arbitration agreements. The Court orders this action stayed until arbitration proceedings are completed. (Code Civ. Proc., §...

Excerpt: ...Kay Langbord and John Abbott TENTATIVE RULING Plaintiff De Pacific 12100 Wilshire, LLC's (1) Application for Writ of Attachment as to Kay Langbord and (2) Application for Writ of Attachment as to John Abbott are GRANTED. Plaintiffs seek a writ as to each Defendant in the amount of $262,500, plus $7,500 in costs and $55,000 in fees. Plaintiff is ordered to post an undertaking in the amount of $10,000 per writ. 1. The Claim: The money claim must be...

Excerpt: ...min Talei, MD, a medical corporation's Motion for Summary Judgment is DENIED. Talei Defendants' Motion for Summary Adjudication of the 4 th cause of action for medical malpractice is GRANTED. Talei Defendants' Motion for Summary Adjudication of the 6th cause of action for lack of confidentiality of medical information and 7 th cause of action for intentional infliction of emotional distress is DENIED. Talei Defendants to submit the proposed order...

Excerpt: ...tee of the Brandes Trust dated November 28, 1994 and The Gloria Brandes 2019 ING Special Trust; Katharine Brandes, as an individual and as Trustee of The Katharine C. Brandes 2019 NGCC Special Trust; and Philip B. Brandes, as an individual and as Trustee of the Philip B. Brandes 2019 ING Special Trust TENTATIVE RULING Plaintiffs nZania, LLC, Richard Koral and Ivan Spiers' Motion for Summary Adjudication of the 1st cause of action for fraud is DEN...

Excerpt: ...ndant Liberty Mutual Group, Inc.'s Demurrer to Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for fraud and 3 rd cause of action for negligent misrepresentation and is OVERRULED as to the 4 th cause of action for intentional interference with prospective advantage. Defendant Safeco Insurance Company's Demurrer to Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for fraud and 3 rd cause of ...

Excerpt: ... is DENIED. Plaintiffs move for adjudication of the quiet title and declaratory relief causes of action. “A plaintiff or cross-complainant 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-defe...

Excerpt: ... TO AMEND as to the 1 st cause of action for legal malpractice and OVERRULED as to the 2nd cause of action for breach of fiduciary duty, 3 rd cause of action for intentional misrepresentation, 4th cause of action for misrepresentation and 5 th cause of action for concealment. Defendant Sichi's Motion to Strike is GRANTED as to references to Sichi in the 1 st cause of action for legal malpractice, emotional distress damages and Penal Code §496(c)...

Excerpt: ...ction for breach of contract and 10 th cause of action for declaratory relief is OVERRULED. Defendant to answer in 20 days. Defendant Colony Insurance Company's Motion to Strike is DENIED. I. 4 th cause of action for negligence—OVERRULED Defendant Colony Insurance argues it did not owe Plaintiff a duty to inform him that the CGL policy issued to Defendants Arpad Frencz and JF Construction was no longer valid due to Defendants' failure to pay th...

Excerpt: ...of the Second Amended Cross-Complinat (SAXC) is DENIED. Cross-Defendant Stites alternative Motion for Summary Adjudication of the 3 rd cause of action for Labor Code §2802 in the SAXC is DENIED. Armendarez's Evidentiary Objections are OVERRULED for failure to comply with the formatting requirements under CRC Rule 3.1354. Stites' Evidentiary Objections are SUSTAINED as to Objection 1 and OVERRULED as to Objection 3 for failure to comply with the ...

Excerpt: ...LING Defendant Hadadz's Demurrer to the Third Amended Complaint (TAC) is OVERRULED. Defendant Hadadz's Motion to Strike is MOOT as to the claims for pain and suffering, DENIED as to claims of prejudgment interest and GRANTED as to ¶50. Defendant to answer in 10 days. Defendant Hadadz demurs the 2 nd cause of action for wrongful death and survivor action based on negligent hiring, supervision or retention of an employee. Under CACI 426, the eleme...

Excerpt: ...NG Defendants' Motion to Confirm Settlement is DENIED. Defendants fail to provide any authority that would allow this Court to “confirm” a Section 998 settlement by way of noticed motion, to resolve whether a valid 998 offer was made and accepted by noticed motion or to enforce a settlement agreement between the parties by way of noticed motion. Defendants also fail to brief their entitlement to entry of judgment on a settlement agreement und...

Excerpt: ...Judaken, individually and as Trustee of the Leonard Judaken Trust date November 23, 2005 is Motion to Compel Arbitration is GRANTED. Defendant's request for stay pending arbitration under CCP §1281.4 is GRANTED. Plaintiff's request for relief under Arnow and Roldan is DENIED WITHOUT PREJUDICE. I. Defendant establishes the existence of an applicable arbitration agreement “On petition of a party to an arbitration agreement alleging the existence...

Excerpt: ...ach of implied covenant of good faith and fair dealing 3rd cause of action—fraud 4th cause of action—conversion 5th cause of action—unjust enrichment 6th cause of action—promissory estoppel 7th cause of action—declaratory relief TENTATIVE RULING Defendants Taylor Nieman, Shaun Merritt, Brandon Dietz and Toucan Technologies Inc.'s Demurrer is: (1) SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 1 st cause of action for breach of oral con...

Excerpt: ...ndustries, Inc. and Hector Rubio's Motion for Attorney's Fees is DENIED. The Court finds no prevailing party in this action under CC §1717. The attorney's fees provision is set forth in paragraph 3 of the Joint Venture Agreement. See Dec. of H. Hasic, ¶2, Ex. A, para. 3. “It is understood that both [Greengo Industries, Inc.], jointly and severally, agree to indemnify and hold ADAD LLC harmless with regards to any violation under Revenue and T...

Excerpt: ...ndant's Motion to Strike is MOOT. Defendant's request for attorney's fees in the motion to strike is DENIED. Defendant presents no authority that would allow the Court to award attorney's fees in connection with a demurrer or an ordinary motion to strike. Defendant Boesch demurs to the complaint on grounds of statute of limitations. Defendant argues a 2-year statute of limitations applies to Plaintiffs' claims of sexual assault and IIED. Defendan...

Excerpt: ...le Cheng TENTATIVE RULING Defendants Icon Realty Services, Inc. and 2717 Arizona HOA's Motion to Reopen Discovery under CCP § 2024.050 is DENIED. Any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial. See CCP 2024.020. “The purpose of imposing a time limit on discovery is to e...

Excerpt: ...of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” CRC 3.1332(a); see also CRC 3.1332(c) (“continuances of trials are disfavored”); Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463, 468. However, if denial of a continuance would result in substantial injustice, it is an abuse of discretion to deny it. See Hamilton v. Orange County Sheriff's Dept. ...

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: ...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: ...Motion as to the second cause of action for Sanctions under CCP §128.5 is GRANTED. Jimenez's evidentiary objections are not relevant to the second cause of action for Sanctions under CCP §128.5, nor are the RJNs submitted by the parties. The Court of Appeals issued an opinion granting Jimenez's SLAPP motion as to the first cause of action for malicious prosecution. The Court of Appeals remanded the matter to this Court in part to resolve Jimene...

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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ... motion is unopposed, “the moving party still has the burden of eliminating all triable issues of fact” before the court may grant summary judgment. (Wright v. Stang Manufacturing Co. (1997) 54 Cal.App.4th 1218, 1228 (Wright); see Harman v. Mono General Hospital (1982) 131 Cal.App.3d 607, 613 [unopposed motion should not have been granted; judgment reversed]; § 437c, subd. (p)(2) [moving party defendant's burden].) Defendant Melson's MSJ is ...

Excerpt: ... Mattel, Inc. TENTATIVE RULING Plaintiff Herrick Productions, LLC's Motion to Compel Further Response to Herrick's RFPs (Set One) is GRANTED in part and DENIED in part. Defendant Mattel is ordered to produce responsive documents to RFP Nos. 35 and 40 within 20 days. Production will be limited to those toys identified in ¶¶3-14 of the Second Declaration of J. Williams filed on 1-20-22. Defendant Mattel's responses to RFP Nos. 41-50 and 52 are su...

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...

Excerpt: ...laintiffs nZania, LLC, Richard Koral and Ivan Spiers RESP. PARTY: Defendants B.B. Dakota, Inc. and Steven Madden, Ltd. TENTATIVE RULING Plaintiffs nZania, LLC, Richard Koral and Ivan Spiers' Motion to Quash is GRANTED in part and DENIED in part. The deposition subpoenas are limited to the period from June 2019 through December 2019. The motion to quash is denied in all other respects. The parties' request for sanctions is denied. Plaintiffs move ...

Excerpt: ...intiffs Estate of James R. Jenkins, by and through its Successor-in- Interest Troy Jenkins, and Troy Jenkins, individually TENTATIVE RULING Defendant Beverly Hills Terrace, LLC's Demurrer to Complaint is OVERRULED and the Motion to Strike is GRANTED as to ¶44 and DENIED as to the remaining. Defendant Beverly Hills Terrace, LLC to answer in 20 days. Defendant Beverly Hills Senior Care Facility, Inc. was dismissed on 11-16-21. The demurrer is ther...

Excerpt: ...g 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. TENTATIVE RULING Defendant Meredith Soelberg, individually and derivatively on behalf of Mitchell & Soelberg Physical Therapy, Inc. and Mitchell & Soelberg's SLAPP Motion is DENIED. Soelberg's evidentiar...

Excerpt: ...MD (3) Defendant Philip Weintraub (4) Defendant Michael Kamiel RESP. PARTY: (1)‐(4) Plaintiff Damon Hill TENTATIVE RULING Defendant Ali Hadadz MD's Demurrer to the Second Amended Complaint (SAC) is SUSTAINED WITH 10 DAYS LEAVE TO AMEND. Defendant Hadadz's Motion to Strike is GRANTED. Defendant Weintraub's Motion to Strike is GRANTED. Defendant Kamiel's Motion to Strike is GRANTED. I. Defendant's Demurrer is SUSTAINED WITH 10 DAYS LEAVE TO AMEND...

Excerpt: ...o Quash Service of Third-party Subpoena, or in the Alternative, Objection to Subpoena Issued to Charter Communications is DENIED. Plaintiff served Charter Communications, Inc. with a deposition subpoena on 3-15-21. The deposition subpoena sought information pertaining to the identity of the person whose Spectrum account was utilized to access the Gmail account, [email protected]. The subject gmail address was used to open the fraudulent ...

Excerpt: ...h's objections to the Greenman declaration—SUSTAIN as to Obj Nos. 2, 16-18, 20 [sic] and OVERRULED as to the remaining. I. 1 st cause of action for medical negligence—GRANT The standard of skill, knowledge and care prevailing in a medical community is ordinarily a matter within the knowledge of experts. See Jambazian v. Borden (1994) 25 Cal.App.4th 836, 844. “The standard of care for physicians is the reasonable degree of skill, knowledge a...

Excerpt: ...ff Gracious Ridge LLC TENTATIVE RULING Defendants' Motion to Expunge Lis Pendens is GRANTED. “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 the burden of proof ...

Excerpt: ...lth Management RESP. PARTY: Plaintiff IV Solutions, Inc. TENTATIVE RULING Defendants Cigna Healthcare of California, Inc, et al.'s Motion for Summary Adjudication is DENIED. Defendants' Evidentiary Objections are OVERRULED as to Obj. Nos. 1, 3-5. The Court declines to rule on Objs. 2 and 6 based on CCP §437c(q). Defendants' RJN is GRANTED. Preliminarily, defendants move for adjudication “as to the alleged separate and distinct wrongful acts al...

Excerpt: ...ation's Demurrer to SAC is OVERRULED. Defendants Talei only demur to the 6 th cause of action for violation of the Confidentiality of Medical Information Act (CIMA) and the 7 th cause of action for Intentional Infliction of Emotional Distress (IIED). Defendants Talei to answer in 20 days. I. 6 th cause of action for violation of the Confidentiality of Medical Information Act—OVERRULED “A provider of health care, health care service plan, or c...

Excerpt: ...iction of Emotional Distress (NIED) and OVERRULED as to the remaining causes of action. Defendant Avila to answer in 20 days. I. Statute of Limitations (SOL)—OVERRULE Defendant Avila argues the complaint is barred by the 2-year limitations period applicable to oral agreements and unjust enrichment claims per CCP §339, the 3-year limitations period applicable to fraud claims per CCP §338(d), the 2-year limitations period applicable to the emot...

Excerpt: ...aintiffs Emmanuel Sandoval and Princeton Legree TENTATIVE RULING Defendants City of Beverly Hills, Andrew Myers, Michael Downs, Stephanie Nguyen-Lieu and Dale Drummond's Motion for Summary Judgment is GRANTED in its entirety as to Defendant Drummond. Plaintiffs do not oppose the Motion for Summary Judgment (MSJ) as to Defendant Drummond and intend to dismiss Drummond. Defendants' Motion for Summary Judgment is GRANTED in its entirety as to Plaint...

Excerpt: ...berg, Maureen Eisenberg and LM Eisenberg's Demurrer to FAC is OVERRULED. Defendants to answer in 10 days. No sham pleading “Under the sham pleading doctrine, allegations in an original pleading that rendered it vulnerable to demurrer or other attack cannot simply be omitted without explanation. (Citations omitted.) The purpose of the doctrine is to enable the courts to prevent an abuse of process. (Citations omitted) The doctrine is not intende...

Excerpt: ... PARTY: Third-party KFB Rice, LLP TENTATIVE RULING Judgment Creditors Kathy Crooymans and David King's Motion to Compel Production of Documents by Third-Party KFB Rice, LLC f/k/a KFB Law Group Pursuant to Business Records Subpoena and for Monetary Sanctions is DENIED. Third-party KFB Rice, LLP's request for sanctions is DENIED. Judgment Creditors issued a deposition subpoena to KFB Rice, LLP fka KFB Law Group, LLP on 5- 14-21. The deposition subp...

Excerpt: ...strict published its opinion in Patterson v. Superior Court (2021) 70 Cal.App.5 th 473 which held that an attorney's fee clause in an employee's arbitration agreement is enforceable to the extent is is not otherwise prohibited or limited by FEHA. Given its recent publication neither party addressed Patterson in their memoranda. As explained below, the Court finds the reasoning of Patterson is persuasive. If either party desires the hearing to be ...

Excerpt: ...ING Defendants/Cross-Complainants Marc Smith and Nan Smith, as Trustees of the Smith Family Trust dated 5/17/17's Motion to Vacate Arbitration Award is DENIED. Defendants' RJN is GRANTED. Plaintiff's RJN is GRANTED. I. Defendants forfeited their right to raise illegality as grounds to vacate the arbitrator's award based on CCP §1286.4(a)(4) Defendants move to vacate the arbitrator's award issued on 7-25-21 by Stephen L. Backus in Taconic Builder...

Excerpt: ...MSJ) is DENIED. Triable issues of fact remain regarding Plaintiff's breach of fiduciary duty cause of action, including damages. For the same reason, Defendant's Motion for Summary Adjudication of the 1 st cause of action for breach of fiduciary duty is DENIED. Defendant fails to satisfy her burden as moving party. Defendant fails to establish that the 1 st cause of action is barred by the doctrine of collateral estoppel or that Plaintiff did not...

Excerpt: ... GRANTED as to the 1st cause of action for intentional interference with contract, 3 rd cause of action for intentional interference with prospective economic advantage, 4 th cause of action for negligent interference with prospective advantage and 5 th cause of action for unfair competition per B&PC §17200 to the extent they are based on Statements 1-5 and 9 (the “Film Statements”). Defendants John Betancorut and Wildside Press, LLC's SLAPP...

Excerpt: ... 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 burden is on the party claiming the costs to show that the charges were reasonable and necessary.” Rozanova v. Uribe...

Excerpt: ...of the 6 th cause of action for compensation under B&PC 7031(a) is GRANTED. Plaintiffs submit admissible evidence establishing that (1) Plaintiffs used the services of an unlicensed contractor (Defendant) and (2) that they paid Defendant for the performance of certain acts in connection with the remodel of their residence. See Plaintiffs' SSUMF Nos. 2, 3, 7, 9, 13, 16, 17. In response, Defendant argues he never received payments that qualify as �...

Excerpt: ...to answer in 10 days. “The owner of the dominant tenement must use his or her easements and rights in such a way as to impose as slight a burden as possible on the servient tenement. Every incident of ownership not inconsistent with the easement and the enjoyment of the same is reserved to the owner of the servient estate. [¶] The owner of the servient estate may make continued use of the area the easement covers so long as the use does not in...

Excerpt: ...RANTED. Moda's 7-22-21 DOE Amendment naming Sichi as DOE 1 is quashed. I. Applicable Law CCP §474 provides: “When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly…” ...

Excerpt: ...ary Judgment, or in the alternative, summary adjudication is DENIED. Defendant Rentokil fails to carry its burden as moving party. Rentokil's evidence in support of the motion does not negate or refute Plaintiff's allegations of negligence. Rentokil relies on: (1) Plaintiff's complaint allegations that (i) after each treatment by Rentokil, there was a period of time where she did not experience any bites and that each period was followed by a res...

Excerpt: ..., a Professional Law Corporation's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for accounting and OVERRULED as to the 1 st cause of action for breach of contract, 3 rd cause of action for conversion and 4 th cause of action for unjust enrichment. Defendant's Motion to Strike is DENIED. Defendant Pius Joseph to answer in 10 days. 1st cause of action for breach of contract—OVERRULE. A written contract may be pleade...

Excerpt: ...C's Motion for Summary Judgment is GRANTED. Plaintiff's sole cause of action for unpaid wages is based on Labor Code §§201(a), 204, 204.2, 218.5. The relevant statutes are as follows: A. Relevant Statutes Labor Code §201(a)—“If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. An employer who lays off a group of employees by reason of the termination of seasonal employ...

Excerpt: ...Sanctions is DENIED. “A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” CCP §128.5. “‘Actions or tactics' include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-...

Excerpt: ...ING Defendants Mardirossian's Motion for Leave to File a X‐Complaint is GRANTED. Defendants' proposed x‐complaint is deemed filed as of this date. Defendants move for leave to file a x‐complaint alleging claims for adverse possession, prescriptive easement, equitable easement and declaratory relief. Defendants' x‐complaint is only alleged against Plaintiffs and concern the ownership of the garage spaces alleged in the Plaintiffs' complain...

Excerpt: ... Society's Motion for Summary Judgment (MSJ) is DENIED. Defendant Best Friends Animal Society's Motion for Summary Adjudication (MSA) is GRANTED as to the 1 st cause of action for ordinary negligence, 2 nd cause of action for violation of CC §3324.5 and 6th cause of action for injunctive relief under B&PC 17200 and DENIED as to the 3 rd cause of action for violation of CC §3324, 4 th cause of action for gross negligence, 5 th cause of action fo...

Excerpt: ...stayed pursuant to CCP §1281.4 pending completion of arbitration. Defendant is awarded costs in the amount of $61.65. Defendant Motallebi moves to compel arbitration of Plaintiff's complaint based on ¶16 of the parties' retainer agreement. Under ¶16 of the Retainer Agreement, “If a dispute arises between Attorney and Client regarding a claim of attorney malpractice under this agreement, that is, regarding whether any legal services rendered ...

Excerpt: ...anoukian, esq.'s Motion for Summary Judgment is GRANTED. Plaintiff's Request for a CCP §437c subdivision (h) continuance is DENIED. Defendants are to submit the proposed order incorporating this ruling and proposed judgment. REASONING I. Defendants' Motion: A. Defendants rebut the factual allegations of breach of duty. Plaintiff alleges in the FAC that Defendants “failed to timely serve a creditor's claim on the personal representative of the ...

Excerpt: ... Berdadeh Bagheri TENTATIVE RULING Defendants Wilmington Savings Fund Society, FSB, as trustee for Stanwich Mortgage Loan Trust, Aldridge Pite, LLP and Will Jarrell's Motion for Judgment on the Pleadings (MJP) is DENIED. 1. Defendants' MJP is procedurally improper Defendants' MJP is brought pursuant to CCP §438(c)(1)(B)(ii), which allows a defendant to move for judgment on the pleadings on grounds that the “complaint does not state facts suffi...

Excerpt: ...el, Entertainment, and Marketing, LLC's SLAPP Motion is GRANTED as to ¶¶ 26, 66 and 72 and DENIED as to the 7 th and 8 th causes of action and all remaining allegations identified in the notice of motion. “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,...

Excerpt: ...to the punitive damages allegations and GRANTED as to the request for injunctive relief against him. CC §3294(a) provides, “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant...

Excerpt: ...iversity of California's Demurrer to the Third Amended Complaint (TAC) is OVERRULED as to the 1 st through 4 th causes of action and SUSTAINED WITHOUT LEAVE as to the 5 th and 6 th causes of action. Defendant's demurrer based on uncertainty is overruled. A demurrer for uncertainty is disfavored and will only be sustained where the cross-complaint is so incomprehensible that KN Coatings cannot respond. See A.J. Fistes Corporation v. GDL Best Contr...

Excerpt: ...total equitable indemnity, 12 th cause of action for partial equitable indemnity, 13 th cause of action for contribution and repayment and 17 th cause of action for declaratory re: duty to contribute of Ramo LLC's Cross-Complaint is OVERRULED. KN Coatings to answer in 10 days. “Equitable indemnity, which requires no contractual relationship, is premised on a joint legal obligation to another for damages; it is subject to allocation of fault pri...

Excerpt: ... and Susan Gryczman, Trustees of the Gryczman Living Trust dated March 30, 1990 TENTATIVE RULING Defendant Alta Marguerita South Homeowners Association's Demurrer to THE First Amended Complaint (FAC) is OVERRULED and the Motion to Strike is DENIED. Defendant to file an answer in 10 days. Defendant's demurrer is based on Sands v. Walnut Gardens Condominium Assn. Inc. (2019) 35 Cal.App.5 th 174. Defendant argues that under Sands Plaintiffs cannot s...

Excerpt: ...Y PALMS LLC MOVING PARTY: (1) Defendants West Hollywood Community Housing Corporation and Wetherly Palms LLC (2) Defendants 916 Wetherly LLC, Oak Road Capital, LLC and David Aghaei RESP. PARTY: (1) Defendants 916 Wetherly LLC, Oak Road Capital, LLC and David Aghaei (2) Defendants West Hollywood Community Housing Corporation and Wetherly Palms LLC TENTATIVE RULING Defendants West Hollywood Community Housing Corporation and Wetherly Palms LLC's App...

Excerpt: ...ry Adjudication (MSJ) Plaintiff Monica Hoelzer's (Hoelzer) complaint is DENIED as moot. Armendarez's seeks summary judgment or adjudication of Hoelzer's causes of action against him. Hoelzer's complaint against Armendarez was voluntarily dismissed on 6- 25-21, approximately two months ago. Hoelzer has no causes of action or complaint pending against Armedarez. Amenderez's motion therefore is moot. Defendant Armendarez filed an objection to the di...

Excerpt: ...D's Demurrer to Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th, 5 th and 6 th causes of action for promissory fraud and inducement of breach of contract, OVERRULED as to the 1 st cause of action for misappropriation of trade secret and 3 rd cause of action for promissory estoppel and SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 2 nd cause of action for breach of contract. 1st cause of action for misappropriation of trade secret (...

Excerpt: ...SP. PARTY: Plaintiff Darryl Williams TENTATIVE RULING Defendant's Motion for Summary Judgment (MSJ) is DENIED. Triable issues of fact exist as to whether Defendant had actual or constructive notice of the dangerous condition and whether such notice can be imputed to Defendant because its negligence created that condition. “[T]o impose liability for injuries suffered by an invitee due to a defective condition of the premises, the owner or occupi...

Excerpt: ...J) is DENIED. Defendant Tapovan, Inc.'s Motion for Summary Adjudication is DENIED. Tapovan Objections to Plaintiff's Evidence: Dec. of K. Maron--OVERRULED as to Objections 1-2, 4-7 and 9. Court declines to rule on Objections 3 and 8 per CCP s. 437c(q) and the Objections to the Expert Declarations of Jane Gray and Anthony Nichter. These objections are immaterial to the disposition of the motion. I. Defendant Tapovan's MSJ—DENY Causation is ordin...

Excerpt: ...RULING Defendants The Regents of the University of California, Richrad M. Ehrlich, MD and Mark S. Litwin, MD's Demurrer is SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 2 nd cause of action for negligence and OVERRULED as to the 3 rd cause of action for violation of B&PC §17500 and the 4 th cause of action for violation of CC §1750. Defendants' Motion to Strike is DENIED. I. 2nd cause of action for negligence—SUSTAIN W/10 DAYS LEAVE TO AMEN...

Excerpt: ...plaint is SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 3 rd cause of action for premises liability and OVERRULED as to the 4 th cause of action for assault, 5 th cause of action for battery and 6 th cause of action for false imprisonment. Defendant Target Corporation's Motion to Strike Punitive Damages is GRANTED. 3rd cause of action for premises liability—SUSTAIN W/10 DAYS LEAVE TO AMEND. “The elements of a negligence claim and a premises...

Excerpt: ...otion to Vacate Default Judgment and Set Aside Default and for Leave to Defend Action is DENIED. I. CCP §473(b) relief from default and default judgment—DENY Defendants Ron and Nancy Hilton's request for relief from the default entered against them on 8- 31-20 is DENIED. The motion for relief from default was filed on 7-24-21, more than 6 months after entry of default. A motion for relief from default pursuant to CCP §473(b) must be brought w...

Excerpt: ... Inc. and Cross-Defendant Alex Canter's Demurrer to the Cross-Complaint is OVERRULED and the Motion to Strike is DENIED. Ordermark, Inc. and Canter to answer in 20 days. Justifiable reliance— “Except in the rare case where the undisputed facts leave no room for a reasonable difference of opinion, the question of whether a plaintiff's reliance is reasonable is a question of fact.” Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1067. “Neglig...

Excerpt: ...r-in-interest and Respondent entered into Purchase Agreement on 5-26-19. See Petition, Ex. A. The Purchase Agreement provides, “The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration.” Id. at Ex. A, p. 27, ¶22(B). “Parties shall have the right to discovery in accordance with...

Excerpt: ...n deciding whether to issue a preliminary injunction, a court must weigh two ‘interrelated' factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction. [¶] The trial court's determination must be guided by a ‘mix' of the potential-merit and interim-harm factors; the greater the plaintiff's showing on one, the less must...

Excerpt: ...the David and Michelle Soffer Living Trust TENTATIVE RULING Defendants Jeffrey Tamkin and Tamkin Development Corporation's Demurrer to Complaint is SUSTAINED w/10 DAYS LEAVE TO AMEND as to the 1 st cause of action for fraud, SUSTAINED W/O LEAVE TO AMEND as to the 2 nd and 3 rd causes of action based on Penal code §496, SUSTAINED W/O LEAVE TO AMEND as to the 9 th cause of action for breach of implied covenant of good faith and OVERRULED as to the...

Excerpt: ...ATIVE RULING Cross-Defendant Fox's Motion to Strike DOE Amendment and/or to Quash Service of Summons and Complaint and DOE Amendment and/or for Order to Dismiss Action is DENIED. Although Plaintiff clearly knew Fox's identity and that he was driving the car when he was rear ended, Fox fails to demonstrate that Plaintiff knew of facts that would cause a reasonable person to believe that Fox's liability was probable. In addition, Plaintiff's DOE am...