Excerpt: ... The Regents of the University of California, Patricia Young, MD and Joshua A. Sasine, MD's Demurrer to the First Amended Complaint (FAC) is: 1. SUSTAINED WITH 20 DAYS LEAVE as to the 1 st cause of action for fraud as to all Defendants; 2. SUSTAINED WITH 20 DAYS LEAVE as to the 2 nd cause of action for failure to obtain informed consent as to Regents; 3. OVERRULED as to the 2 nd cause of action for failure to obtain informed consent as to Young a...

Excerpt: ...es' (collectively referred to as “Hutton”) Demurrer to the First Amended Cross-Complaint (FAXC) is OVERRULED as to the 1 st cause of action for fraud in the inducement and SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for violation of B&PC 17200, the 3 rd cause of action for breach of the implied covenant of good faith and fair dealing and the 4 th cause of action for declaratory relief. Cross-Defendants to answer in 20 days...

Excerpt: ...ecessary to the resolution of this motion. The Court declines to rule on Cross-Complainants' evidentiary objections, as they are not material to resolution of this motion. CCP §437c(q). Every motion for summary judgment must be accompanied by a “separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed.” CCP § 437c(b)(1). Each of the material facts in the statement must be “fol...

Excerpt: ...d; and Retha Singleton, individually and as successor of interest Timothy Dean, Deceased RESP. PARTY: Defendant Edward Buck TENTATIVE RULING Plaintiffs' Motion for Summary Adjudication of the 1 st cause of action for wrongful death, 6 th cause of action for violation of Health & Safety Code §11705 and 7 th cause of action for negligence is DENIED. Plaintiffs move for summary adjudication of the 1 st cause of action for wrongful death, 6 th cause...

Excerpt: ...The Hettena Law Firm LC's Motion for Judgment on the Pleadings is DENIED. Defendants argue the legal malpractice and breach of fiduciary duty claims are based on the exact same conduct. Defendants argue the two claims are duplicative of one another and the breach of fiduciary duty claim must be dismissed. Defendants fail to cite any authority holding that a demurrer may be sustained, because two distinct legal theories are based on the same condu...

Excerpt: ...ross-Complainant/Cross-Defendant California Delta Mechanical, Inc. TENTATIVE RULING Defendant/Cross-Defendant/Cross-Complainant Professional Services Construction, Inc.'s Motion for Determination of Good Faith Settlement is DENIED. In determining whether a settlement is in good faith, the Tech-Bilt court stated that the trial court should inquire into, among other things, “...whether the amount of the settlement is within the reasonable range o...

Excerpt: ...O COMPLY WITH COURT'S DISCOVERY ORDER OF MARCH 9, 2023 AND REQUEST FOR MONETARY SANCTIONS AGAINST NO. 1 BUCCANEER, TODD KOHN, AND FRANK MADDOCKS IN THE AMOUNT OF $1,025 MOVING PARTY: Defendant/X-Defendant/X-Complainant Ramo, LLC RESP. PARTY: None TENTATIVE RULING Defendant/X-Defendant/X-Complainant Ramo, LLC's Motion to Dismiss and Request for Sanctions is DENIED as to the requests to dismiss and strike the answers of X-Defendants No. 1 Buccaneer...

Excerpt: ...s Motion for Summary Judgment, or in the Alternative, Summary Adjudication is DENIED. Defendant's request for judicial notice (RJN) is GRANTED. Defendant's objections nos. 1 and 2 to the declaration of Edward Ruzak are OVERRULED. Defendant Burns-Pacific Construct, Inc. moves for summary judgment of the sole cause of action for negligence alleged against it. Defendant argues the undisputed facts establish that it did not owe Plaintiff a duty of ca...

Excerpt: ...days. Defendant Flying Tigers, Inc. fails to identify any deficiency in the pleading. The complaint alleges unlawful detainer under CCP §1161(2) for nonpayment of rent. Plaintiff alleges Defendant failed to pay rent pursuant to the parties' lease agreement. See FAC, ¶¶8-12. Plaintiff alleges it served Defendant with a Notice to Pay or Quit pursuant to CCP §1161(2). Id. at ¶¶8-12, Exs. 2.1, 2.2, 3.1 The complaint is not uncertain. Defendant ...

Excerpt: ...n for Summary Adjudication is DENIED as to the 1st cause of action for judicial foreclosure, 2 nd cause of action for declaratory relief and 4 th cause of action for breach of contract seeking damages and GRANTED as to the 3 rd cause of action for breach of contract seeking specific performance. “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 elem...

Excerpt: ... of action for strict liability and the third cause of action for breach of warranty are SUSTAINED WITHOUT LEAVE TO AMEND and OVERRULED as to the remaining causes of action. Defendant to answer in 20 days. I. Assumption of Risk A. Applicable Law—Assumption of Risk Defendant demurs to each cause of action on grounds that Plaintiff assumed the risk when she touched the hot bulb that burned her. Assumption of risk is a defense to negligence. See K...

Excerpt: ...itration agreement in question is invalidated pursuant to 9 U.S.C. §402(a). I. Parties agree that FAA applies “A written provision in any [] contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a con...

Excerpt: ...ing, LLC's Motion to Compel Production of Documents is GRANTED. Plaintiff fails to establish that the attorney-client privilege applies to the subject communications. I. Attorney‐client privilege where third parties are included in the communication. Section 952 defines a confidential attorney-client communication: “[A] ‘confidential communication between client and lawyer' means information transmitted between a client and his or her lawye...

Excerpt: ...t is DENIED. The trial date is approximately tvvo months away. Defendants also acknowledge the CHDss- complaint will require continuance of the trial date. Defense counsel states thatthe music only "arose recently." Defense counsel lacks personal knowledge of when the Defendants music began to become an Issue. In addition, the cross-complaint is not a compulsoty cross-complaint based on Defendants' statements. Defendants maintain the music playin...

Excerpt: ...nder Defendants 9010 Melrose Avenue, LLC, Futura Media, Inc„ Boujis US 1, LLC, Bouis Group, LLC, Draycott LA, LLC, Issima 627 La Peer LLC, Olivetta La Peer, LLC, 8478 Melrose Avenue, LLC, Cadogan Hospitality Collective, LLC, Hermer Enterprises, LLC TENTATIVE RULING Plamtiffs Jamal Holdings (US), Inc„ 0999849 B.C. Ltd d/b/a Hardy Capital Ltd., Innhouse US Investments Inc„ UVMA, Inc. and Arya Alexander's Motion for Preliminary Injunction is G...

Excerpt: ...ns 1 and 2 and GuNTED asto RFP Nos. 6, 11, 12, 17, 23, 33, 34, 35, 38, 39, 40, 42-45 and 55. Plaintiffs requestfor sanctions is DENIED. "If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing underthe deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or produc...

Excerpt: ...ants are ordered to produce responsive documents from the beginnmg of Dos Santos' employment with Men's Health until the date Dos Santos left Men's Health's employment Defendants are only required to produce those documents created after the date of the subject incident ifthey pertain to the incident and/or termination of Dos Santos' relationship with Men's Health. In addition, parties are to execute a standard protective order. Defendants are or...

Excerpt: ...udulent misrepresentation and concealment 2nd cause of action for negligent misrepresentation and 3rd cause of action forviolation ofB&PC 517200 is OVERRULED. Defendant GM's Motion to Strike is DENIED. I. 15t cause of action for fraudulent misrepresentation and concealment and 2nd cause of action for negligent misrepresentation—OVERRULE The elements of fraud are: (1) misrepresentation (false representation: concealment, or nondisclosure); (2) k...

Excerpt: ...ants Stan Magnus Insurance Agent, Inc. and Stanley Magnus TENTATIVE RULING Plamtiffs' Motion for Protective Order is DENIED as to information peftaming to those assets that are currently pledged as collateral for the loan and Plaintiffs' tax information and GRANTED as to all other discovery requests. Plaintiff is to file supplemental responses to each discovery request to which this protective order was denied. Plaintiffs move for a protective or...

Excerpt: ... Leave to File an Amended Cross- Complaint is DENIED. I. Taheri is seeking leave to assert a permissive cross-claim for slander of title "Except as otherwise provided by statute, if a party- agamst whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time ofserving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert...

Excerpt: ...General Motors LLC and Request for Sanctions is GRANTED as to RFP Nos. 16-31, 33, 37-41 and 45-46 as detailed in this ruling. The request for sanctions in the amount of $2,885 (7 hours motion and reply prep and hearing time @ S395/hr plus S60 filing fee) is DENIED. RFP Nos. 16-31, 33 and 45-46—Defendant GM has already made three rounds of responses and production in response to these RFPs. However, GM should provide an index of the documents pr...

Excerpt: ... Cross Defendants Coldwell Banker Residential Brokerage Company and William Moss's Motion for Leave to File Cross-Complaint is GRANTED. Cross-Defendants seek leave to file a x-complaint agamst non-parties Amerikana Business Capital, Inc. and Nagy Y. Henein for equitable indemnity, contribution and declaratory relief. No opposition was filed to the motion. APPLICABLE LAW After having previously filed an answer, a defendant seeking to file a cross-...

Excerpt: ...unty, LLC d/b/a Kindred Hospital Los Angeles' Motion for Summary Judgment is DENIED. Plaintiff's objections to the declaration of Dr. Isreal Villanueva are OVERRULLED. Given the Court's findings below regarding the declarations of Mr. Johnson and Dr. Segall-Gutierrez, Defendant's separate specific objections are not material. I. THC fails to establish that the Third Amended Complaint is barred by the statute of limitations. THC moves for summary ...

Excerpt: ...laintiff Christina Development Corporation TENTATIVE RULING Defendants ADP, LLC, ; ADP Totalsource DE IV, Inc.; Matt Peluso; Shannon Bates, Christa Zimmerman, Dominque Akens and Danielle Roubian's Demurrer to the Second Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for breach of fiduciary duty and 2nd cause of action for unfair competition under B&PC 17200, SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 5 t...

Excerpt: ...aintiff/Cross-Defendant Falcon Enterprises, LLC and Cross-Defendants Rami Vardi, David Zemach and Yaniv Shlomof TENTATIVE RULING Defendants/Cross-Complainants 8210 S. Western Ave 26, LLC, Mama Moti, LLC, YHK 18, LLC, Javid Somekh and Yehezkel Kashanian's Applications for Writs of Attacment as to (1) Falcon Enterprises, LLC; (2) Rami Vardi; (3) David Zemach; and (4) Yaniv Shlomof are DENIED. Cross-Defendants' Evidentiary Objections to the Dec. of ...