Excerpt: ... noticed as one for summary judgment of the entire First Amended Complaint and for judgment in the amount of $82,285.82. See Notice of Motion, ii:1-5. Eisner does not request summary adjudication, nor does he identify specific causes of action, affirmative defenses, issues of duty or a punitive damage claim for adjudication under CCP §437c(f)(1). In order to obtain summary adjudication, Eisner was required to indicate that adjudication was reque...

Excerpt: ...s is GRANTED WITHOUT LEAVE TO AMEND as to the 4 th cause of action for money had and received and DENIED as to the 2 nd cause of action for breach of contract, 3 rd cause of action for nuisance, 5 th cause of action for breach of contract and 6 th cause of action for intentional interference with contractual relations. 2nd cause of action for breach of contract—4 th Avenue alleges in the 2 nd cause of action for breach of contract that Boyce �...

Excerpt: ...RANTED as to the second cause of action for abuse of process. Defendant's RJN is GRANTED. Defendant's second RJN in support of Reply is GRANTED. Defendant's Evidentiary Objections— Dec. of M. Egerman. Obj. #1—SUSTAIN as to “faced with the Motion for Summary Judgment in the Underlying Lawsuit and with no defense to the Motion for Summary Judgment.” Obj. #2-4—SUSTAIN. Dec. of J. Pomeranc. Objs. #1-6—OVERRULE. Obj. 7—SUSTAIN. Plaintiff...

Excerpt: ...e Soffer Living Trust RESP. PARTY: Defendants Jeffrey H. Tamkin and Tamkin Development Corporation TENTATIVE RULING Plaintiffs Thomas P Sokol, The Lenore Sohn Sokol Irrevocable Trust, and the Michael and Janet Soffer Living Trust and the David and Michelle Soffer Living Trust's Application for Writ of Attachment as to Defendant Tamkin Development Corporation is GRANTED. Plaintiffs Thomas P Sokol, The Lenore Sohn Sokol Irrevocable Trust, and the M...

Excerpt: ...RATION; BENJAMIN TALEI, MD; BENJAMIN TALEI, MD, A MEDICAL CORPORATION MOVING PARTY: Plaintiff Jason Coosner RESP. PARTY: (1) Defendants Benjamin Talei, MD and Benjamin Talei, MD, a medical corporation (2) Defendants Jason J. Emer, MD and Jason J. Emer, a professional corporation TENTATIVE RULING Motion for Leave to Allege Punitive Damages under CCP §425.13 is DENIED as to Defendants Talei and GRANTED as to Defendants Elmer. Emer's Objections to ...

Excerpt: ...rvice Company's Demurrer to Complaint is MOOT as to the 5 th cause of action for breach of implied warranty of fitness and OVERRULED as to the 6 th cause of action for unfair business practice. Defendant A-1 to answer in 20 days. 5th cause of action for breach of implied warranty—Plaintiff filed a dismissal without prejudice of the 5th cause of action for breach of implied warranty on 7-12-21. The Court declines Defendants request for the Court...

Excerpt: ...dants/Cross-Complainants Shahab Binafard and Azadeh Binafard and Cross- Defendants A Clas Builders & Design, Inc. and Amy Devault Interior Design, Inc. TENTATIVE RULING Plaintiff HP's Motion to Quash Defendants/Cross-Defendants' Deposition Subpoena on Bank of America is GRANTED in part and DENIED in part. Plaintiff's Motion for Protective Order is GRANTED. 1. Document Request No. 1—All canceled checks from 4-1-15 through the present. The motion...

Excerpt: ...Defendants Catherine Amman and LF Assoc. Inc. d/b/a Keller Williams Realty-Los Feliz's Demurrer to the First Amended Complaint (FAC) is SUSTAINED WITHOUT LEAVE TO AMEND as to the 7th cause of action for nuisance and OVERRULED as to the 3 rd cause of action for breach of fiduciary duty/negligent nondisclosure/constructive fraud and the 4 th cause of action for intentional infliction of emotional distress (IIED). Defendants' Motion to Strike is GRA...

Excerpt: ...ss-Defendants Bryan Keith Johnson and Linda Maisel Johnson's Motion for Summary Judgment of the First Amended Cross-Complaint is GRANTED. Plaintiffs/Cross-Defendants Motion for Summary Adjudication of the 7 th cause of action of Plaintiffs' complaint for declaratory relief is GRANTED. Plaintiff's Objections to Dec. of Chasin are SUSTAINED. Plaintiff is ordered to submit the proposed orders incorporating this ruling. The Johnsons move for summary ...

Excerpt: ...nified School District's Demurrer to Defendant/Cross- Complainant City of Los Angeles' Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. LAUSD's Request for Judicial Notice is GRANTED. I. City of LA fails to allege compliance with the claims presentation requirement under GC §945.4 The Cross-Complaint fails to allege compliance with the claims presentation requirement under GC §945.4. See Cross-Complaint filed on 8-22-18, ¶6. The City does ...

Excerpt: ...fendant GTP Structures II, LLC TENTATIVE RULING Plaintiffs Paramount Contractors & Developers, Inc. and the Folb Partnership's Motion for Attorney's Fees is DENIED WITHOUT PREJUDICE. Plaintiffs have not yet filed the Defendants' acceptances of Plaintiffs' 998 offers with the clerk as required under Section 998 subdivision (b)(1) (“If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter ...

Excerpt: ...son, individually and as guardian ad litem for Joseph Griffin, and Delmas Griffin TENTATIVE RULING Defendants Miracle Mile Properties, LP and Century Quality Management, Inc.'s Demurrer to the 6th cause of action for battery is SUSTAINED WITHOUT LEAVE TO AMEND and to the 7 th cause of action for intentional infliction of emotional distress (IIED) is OVERRULED. The Motion to Strike is DENIED. Defendants to answer in 10 days. 6th cause of action fo...

Excerpt: ...k”) TENTATIVE RULING Defendant/Cross-Complainant Kennedy-Wilson Properties, Ltd.'s Motion for Summary Adjudication is GRANTED as to Issue No.1 (duty) and DENIED as to Issue Nos. 2 and 3 (breach and damages/liability). I. Law Applicable to Summary Adjudication of an Issue of Duty “A party may move for summary adjudication as to…one or more issues of duty, if the party contends that…that one or more defendants either owed or did not owe a d...

Excerpt: ...gment to Add Matthew Malek is GRANTED pursuant to CCP §187. The undisputed evidence establishes that MMG is the alter ego of Matthew Malek. “Section 187 of the Code of Civil Procedure supports an amendment adding a judgment debtor liable for the original defendant's obligations on an alter ego theory. The rationale is that the new defendant is really one and the same as the original defendant and, as such, was represented by the original defen...

Excerpt: ...D. Plaintiff Gianfranco argues Defendants are not the prevailing party in this action. Gianfranco argues Plaintiff Luigi's are still pending against Defendants, and Defendants therefore did not achieve their practical litigation objective. “‘Prevailing party' includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant ...

Excerpt: ...liminary Injunction is DENIED. Spahi fails to establish the likelihood of prevailing on the merits of his cross-claims for declaratory relief and injunctive relief or irreparable harm if the injunction does not issue. Plaintiff's Evidentiary Objections to Dec. of J. Spahi—SUSTAIN as to Objection 1, SUSTAIN as to Objection 2 from “To me, this constitutes a gross violation of my contractual rights” to “opportunity to defend myself” and OV...

Excerpt: ...ARTY: Plaintiff Jonathan Ornstein, as Trustee of the Ornstein Family Trust TENTATIVE RULING Defendant Michael Farag d/b/a 413 Builders' Motion to Stay Proceedings is GRANTED pursuant to CC §930 and the Court's inherent powers. Defendant's request for fees is GRANTED in the amount of $3000 as to Plaintiff Ornstein. Defendant Farag's Demurrer is placed off calendar in light of the stay. I. Motion to Stay pursuant to Civil Code §930—GRANTED as t...

Excerpt: ...on Paz RESP. PARTY: Plaintiff Shoshana Taylor TENTATIVE RULING Defendants Oran Enterprises, Inc. aka A.B. Dental USA, Pinhas Rahav aka Pinhas Rahav Amar, Alfred Tamir, Bobak Pezeshk aka Babka Aasron Pas aka Aaron Paz's Demurrer to the SAC is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants' Motion to Strike is moot. Defendants Oran Enterprises, Inc. aka A.B. Dental USA, Pinhas Rahav aka Pinhas Rahav Amar, Alfred Tamir, Bobak Pezeshk aka Babka Aasron ...

Excerpt: ...JOVANI FLORES (2) MOTION TO STAY DISCOVERY AS TO DEFENDANT MICHELLE ORTIZ (3) JOINDER BY DEFENDANTS UBER TECHNOLOGIES, INC., RASIER, LLC AND RASIER‐CA, LLC MOVING PARTY: (1) Defendant Omar Jovani Flores (2) Defendant Michelle Ortiz (3) Defendants Uber Technologies, Inc., Rasier, LLC and Rasier-CA, LLC RESP. PARTY: (1) and (2) Plaintiffs Alejandro Miguel Lopez, individually and as an heir and Successor-in-Interest to Tulia Lopez De Miguel and El...

Excerpt: ...ibution, LLC's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 ST cause of action for elder abuse and the 6 th cause of action for negligent infliction of emotional distress (NIED) and OVERRULED as to the 2 nd through 5th causes of action. Defendants to answer in 20 days. 1st cause of action for Financial Elder Abuse—SUSTAIN WTIHOUT LEAVE TO AMEND. The Court finds the arguments asserted by the Defendant's in their moving papers lack me...

Excerpt: ...S AT DEPOSITION AND FOR SANCTIONS (3) MOTION TO COMPEL THE DEPOSITION OF EXCEL PROPERTY MANAGEMENT SERVICES, INC.'S PMQ, THE PRODUCTION OF DOCUMENTS AND THINGS AT DEPOSITION AND FOR SANCTIONS MOVING PARTY: Plaintiffs Shirley Young, Frank Young and Estate of Eric Young RESP. PARTY: (1) Defendant Mark Gabay (2) Defendant Arman Gabay (3) Defendant Excel Property Management Services, Inc. TENTATIVE RULING Plaintiffs Shirley Young, Frank Young and Est...

Excerpt: ...Inc. d/b/a Vroman's Bookstore & Book Soup TENTATIVE RULING Defendant Commercial Coating Company, Inc. d/b/a Commercial Paving & Coating's (“Commercial”) Motion for Summary Judgment (MSJ) is DENIED. Defendant Commercial's Motion for Summary Adjudication (MSA) of the 1 st cause of action for premises liability is GRANTED. Plaintiff stipulates to dismissal of his 1 st cause of action against Defendant Commercial. Vroman's Objections to Defendant...

Excerpt: ...VE RULING Plaintiff/Cross-Defendant Vista Del Mar Child and Family Services' Demurrer to the FAXC is OVERRULED. Plaintiff/Cross-Defendant to answer in 20 days. 1. Defendant/Cross-Complainant' Turelk, Inc.'s 4 th cause of action for breach of implied covenant is not impermissibly duplicative of the 1 st cause of action for breach of contract. The same conduct can form the basis of a cause of action for breach of contract and one for breach of the ...

Excerpt: ... WITH OUT LEAVE TO AMEND as to the 1 st cause of action for breach of contract and SUSTAINED W/10 DAYS LEAVE TO AMEND as to the 2 nd cause of action for fraud and 3 rd cause of action for negligent misrepresentation. 1st cause of action for breach of contract—SUSTAIN WITH OUT LEAVE TO AMEND. Zarate alleges that Aimco entered into a Stipulation in connection with the prior UD. See XC, ¶21. Zarate claims Aimco violated the Stipulation by filing ...

Excerpt: ...IVE RULING Defendant Law Offices of Martin D. Gross, APC's Demurrer to the First Amended Complaint (FAC) is OVERRULED as to the 5 th cause of action for financial abuse as to Meyer only, SUSTAINED with 20 days leave to amend as to the 5 th cause of action for financial abuse as to Miller, OVERRULED as to the 7th cause of action for breach of the implied covenant and SUSTAINED with 20 days leave to amend as to the remaining causes of action. Defen...

Excerpt: ...on for Summary Judgment is GRANTED. The Court makes notes that Plaintiffs did not file an opposition to this MSJ. 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 and care ordinarily possessed and exercised by members of the me...

Excerpt: ...ndant Insomniac Holdings, LLC's Motion to Compel Further Responses to Special Interrogatories and for Monetary Sanctions is GRANTED as to SROG Nos. 72-74 and DENIED as to SROG Nos. 75-77. Defendant's Motion to Compel Further Responses to Special Interrogatories raises the same issues as Defendant's Motion to Compel Further Reponses to RFPs heard on 5-25-21. Defendant's request for sanctions is DENIED. For the same reasons stated in connection wit...

Excerpt: ...tion, is DENIED. An amended Notice of Motion for Summary Judgment, or in the alternative, Summary Adjudication was served on Defendant as permitted by the stipulation and olrder signed by the Court on April 7, 2021. The Amended Notice sets for the proper hearing date of May 27, 2021. Defendant did not file an opposition. The elements for a breach of contract cause of action are: (1) the existence of a contract; (2) plaintiff's performance or excu...

Excerpt: ...im TENTATIVE RULING Plaintiff/Cross-Defendant Har-Bro West, Inc.'s Demurrer to the first amended cross-complaint (FAXC) is OVERRULED as to the 2 nd cause of action for negligence. Defendant/Cross-Complainant Hakim dismissed the 5 th and 6 th causes of action on 1-7-21 and 1-11-21. Plaintiff/Cross-Defendant Har- Bro's Motion to Strike portions of the 5 th cause of action is also MOOT in light of the dismissals. A party may not convert a broken pro...

Excerpt: ...ldings, LLC's Motion to Compel Further Responses to RFPs and for Monetary Sanctions is GRANTED in part and DENIED in part. Defendant Insomniac's request of sanctions is denied. Defendant did not fully prevail and Plaintiffs' opposition was partially meritorious. RFP No. 22—GRANT. Plaintiffs now claim they did not rely on any documents in responding to Defendant's Special Interrogatories (Set Three). Plaintiffs' original verified response identi...

Excerpt: ...ndant Board of Trustees of California State University TENTATIVE RULING Plaintiffs Natalie Operstein and Craig Ross' Joint Motion to Compel Compliance with Court's Orders and for Terminating, Issue and Evidence Sanctions is DENIED. Motion Cut‐Off. The discovery motion cut-off date fell on 5-23-21, a Sunday. Based on CCP §2016.060, the discovery motion cut-off was extended until 5-24-21. The motion was filed timely filed more than 16 court days...

Excerpt: ...ory Relief (regarding the indemnity clause); (2) Tenth Cause of Action – Breach of Contract; and (3) Eleventh Cause of Action – Contractual Indemnity. (SACC ¶¶ 78-111.) On January 21, 2021, Trademark filed a demurrer to the SACC. Trademark demurs to the ninth, tenth, and eleventh causes of action. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer . . . by telephone with the party who filed the pleadi...

Excerpt: ...agreement; (2) account stated; and (3) quantum meruit. Plaintiffs allege that Defendant breached contracts when it failed to pay for invoices for work performed by Plaintiffs' employees. On February 3, 2021, Plaintiffs filed an application for a writ of attachment. Plaintiffs seeks to attach $236,556.03 against Defendant MK Cuisine Global, LLC. LEGAL STANDARD A party may apply for a prejudgment writ of attachment based an “action on a claim or ...

Excerpt: ... Arman Gabay's Motion for Summary Judgment, or in the alternative, for Summary Adjudication is DENIED. The Court's ruling does not consider Plaintiffs' opposition papers.  The Gabays' Motion for Summary Judgment, or in the alternative, for Summary Adjudication is identical to that of Charles Company and System LLC's and Excel's. Arman and Mark Gabay are officers of Excel and owners of System LLC. See Dec. of A. Gabay filed on 2-8-21, ¶2; Dec....

Excerpt: ...As moving party, Core bears the burden of establishing all necessary elements to justify issuance of the injunction. See O'Connell v. Sup.Ct. (Valenzuela) (2006) 141 Cal.App.4th 1452, 1481. This requires Core to provide the Court with admissible evidence establishing irreparable harm and the likelihood that Core will prevail on the merits in this action. See CCP §527(a). A preliminary injunction must not issue unless Core can demonstrate reasona...

Excerpt: ...mplaint (FAXC) is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for breach of contract and SUSTAINED WWITH 10 DAYS LEAVE TO AMEND as to the 2 nd cause of action for fraud and 3 rd cause of action for negligent misrepresentation. 1st cause of action for breach of contract—SUSTAINED WITHOUT LEAVE TO AMEND. Vallejo alleges that Aimco entered a Stipulation in connection with the prior action for unlawful detainer. See FAXC, ¶31. ...

Excerpt: ...ervices Central Valley, LLC; CAM Services Inland Empire, LLC; Omnia Pacific Construction, LLC TENTATIVE RULING Plaintiff/X-Defendant Creditors Adjustment Bureau, Inc.'s (“CAB”) Demurrer to the first amended cross-complaint (FAXC) of Common Area Maintenance Services, Inc.; CAM Services Central Valley, LLC; CAM Services Inland Empire, LLC; Omnia Pacific Construction, LLC (collectively referred to herein as “CAM”) for declaratory relief is S...

Excerpt: ...A. Elements of unlawful detainer under CCP §1161a(b)(3) “In any of the following cases, a person who holds over and continues in possession of…real property after a three-day written notice to quit the property has been served upon the person, or if there is a subtenant in actual occupation of the premises, also upon such subtenant, as prescribed in Section 1162, may be removed therefrom as prescribed in this chapter:…(3) Where the propert...

Excerpt: ...s, Inc.'s (“Excel”) Motion for Summary Judgment, or in the alternative, for Summary Adjudication is DENIED. The Court's ruling does not consider Plaintiffs' opposition papers. Excel's Motion for Summary Judgment, or in the alternative, for Summary Adjudication is identical to that of Charles Company's. Excel managed the subject property. See Excel's Compendium of Evidence, Ex. 3, Dec. of N. Gabay, ¶2. Excel's motion is denied on the same gro...

Excerpt: ...ant Tabor Palms Apartments, LLC's Motion for Judgment on the Pleadings is GRANTED without leave to amend. Plaintiff lacks standing to sue for foreclosure on the mechanic's lien, Instrument No. 20200738445. I. Request for judicial notice (RJN) is GRANTED “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicial...

Excerpt: ...n Madden, Ltd.'s Demurrer is OVERRULED as to the 1 st and 2nd causes of action for fraud and conspiracy to commit fraud, SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd and 4 th cause of action for rescission and unjust enrichment, SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 5 th cause of action for intentional interference with contract and SUSTAINED WITHOUT LEAVE TO AMEND as to the 6 th cause of action for negligent interference with prospe...

Excerpt: ...n Madden, Ltd.'s Demurrer is OVERRULED as to the 1 st and 2nd causes of action for fraud and conspiracy to commit fraud, SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd and 4 th cause of action for rescission and unjust enrichment causes of action, SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 5 th cause of action for intentional interference with contract and SUSTAINED WITHOUT LEAVE TO AMEND as to the 6 th cause of action for negligent interfe...

Excerpt: ...UT LEAVE TO AMEND. I. Statute of Limitations Defendant Chase argues the entire action is subject to the three-year limitations period under Commercial Code §3118(g)(1). Defendant Chase also argues the action accrued upon deposit of the alleged forged checks. Plaintiff does not dispute that the applicable limitations period is three years under Commercial Code §3118(g)(1). Plaintiff also does not dispute that the action accrued and the limitatio...

Excerpt: ... Centers, LLC's Motion to Compel Arbitration is DENIED. Supplemental Briefing The Court previously continued the hearing on this motion to compel arbitration for supplemental briefing on why the minor, C.D., is not a principal under the arbitration agreement and consider additional evidence whether defendant was a healthcare provider who provided medical services within the meaning of CCP 1295(d BNI still fails to establish C.D. was not the princ...

Excerpt: ...violation of CC §1785.25 and SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for violation of B&PC 17200. I. 1 st cause of action for violation of CC §1785.25—SUSTAIN W/10 DAYS LEAVE TO AMEND Plaintiff alleges Defendant Discover Bank violated CC §1785.25(a). See Complaint, ¶5. CC §1785.25(a) provides, a “person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if...

Excerpt: ... motion is GRANTED as to ¶14, with the exception of Mink's allegation that “Following execution of the contract, Moda engaged in conduct that constituted a material breach of the contract, a material failure of consideration (both current and prospective), and frustration of purpose (see Rest.2d, Contracts §§261, 265),” and DENIED as to the remainder of the Cross-Complaint. Mink is ordered to pay Moda's attorney's fees and costs in the amo...

Excerpt: ... to the Declarations of Jessel and Loring are OVERRULED. “Resolution of an anti-SLAPP motion involves two steps. First, the moving defendant must show that the challenged claim or claims arise from the defendant's constitutionally protected free speech or petition rights. A defendant need only make a prima facie showing at this stage. In determining whether the defendant has met this burden, we disregard the labels attached to the causes of act...

Excerpt: ...ortez TENTATIVE RULING Defendant EC & AM Associates, Inc. d/b/a GK & Associates' Motion for Terminating and Monetary Sanctions for Violation of CCP §128.7 is DENIED. Defendants' RJN is DENIED. Plaintiffs' Evidentiary Objections to Dec. of Damerjian—OVERRULE 1, 2, 8 and SUSTAIN as to remaining Plaintiffs' Evidentiary Objections to Dec. of G. Kahn—OVERRULE all objections Defendants' Evidentiary Objections—OVERRULE “By presenting to the cou...

Excerpt: ...IVE RULING Defendant/Cross-Complainant Beverly Hills Unified School District's Motion for Summary Judgment is DENIED. Defendant/Cross-Complainant's Motion for Summary Adjudication is GRANTED as to the 10 th cause of action and DENIED as to all remaining issues. Plaintiff's Objections 2-5 are OVERRULED. Court declines to rule on Objections 1 and 6 per CCP §437c(q). Defendant's objections are OVERRULLED. I. Beverly Hills' Evidence in Support of MS...

Excerpt: ... rd cause of action for negligence and OVERRULED as to the 1 st and 2 nd cause of action for invasion of privacy and intentional infliction of emotional distress (IIED). Defendant Alastin Skincare Inc.'s Motion to Strike is GRANTED as to the punitive damages claim and DENIED as to the attorney's fees claim. Defendant Alastin to answer in 20 days. 1. Sufficient allegations to hold Alastin liable for William, Charles & Scott Ltd. (“WCS”) acts b...

Excerpt: ...TENTATIVE RULING Defendant/X-Complainants Fusionzone Automotive, LLC, Brett Sutherlin and Karen Sutherlin's (collectively referred to herein as “Fusion Zone”) Motion for Summary Judgment, or in the Alternative Summary Adjudication is DENIED. “A defendant is entitled to summary judgment if the record establishes as a matter of law that none of the plaintiff's asserted causes of action can prevail. The pleadings define the issues to be consid...

Excerpt: ...ical and Related Records is GRANTED in part and DENIED in part. Parties' requests for sanctions are denied. Plaintiff is to submit the proposed order. “If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's ...

Excerpt: ...IVE RULING Defendants Wilmington Savings Fund Society, FSB, as trustee for Stanwich Mortgage Loan Trust, Aldridge Pite, LLP and Will Jarrell's Demurrer is OVERRULED as to the first t cause of action for malicious prosecution and SUSTAINED WITHOUT LEAVE TO AMEND as to the second cause of action for retaliation. Lack of personal jurisdiction 1. Lack of personal jurisdiction is not grounds for demurrer under CCP §430.10. Jarrell's filing of a demur...

Excerpt: ...e cross-complaint of Fab Rock Investments, LLC RESP. PARTY: Defendant/Cross-Complainant Fab Rock Investments LLC TENTATIVE RULING Plaintiff Sharona Yehuda's (as Trustee of the Keshet Intervivos Trust) (hereinafter referred to as “Keshet”) and RS West Hollywood LLC and Yehuda Benezra's Demurrer to Fab Rock Investments LLC (Fab Rock) cross-Complaint are SUSTAINED WITH 10 DAYS LEAVE TO AMEND. Fab Rock alleges a single cause of action for declara...

Excerpt: ...n against LAUSD is DENIED. I. Applicable Law If an application for leave to present a claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order relieving the petitioner from the government claims requirement under GC §945.4. See GC §946.6. The court must grant the petition under section 946.6, subdivision (c)(1), if the claimant demonstrates by a preponderance of the evidence that (1) the...

Excerpt: ...entiary objections to the declaration Nanette Reed are SUSTAINED. If the court finds that "in the interest of substantial justice" an action filed in California should be adjudicated elsewhere, it may stay or dismiss the action on such conditions as may be just. See CCP §410.30(a). The statute codifies the common law doctrine of forum non conveniens. This is not a jurisdictional doctrine. Rather, it is “an equitable doctrine invoking the discr...

Excerpt: ...Property, LLC's Demurrer to the first amended complaint (FAC) is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant Robert Klein's Demurrer to the FAC is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants are to submit the proposed judgments of dismissal. I. Plaintiff's Allegations in the FAC Plaintiff and Defendants were previously engaged in two litigations: (1) Defendant Carol Klein sued Plaintiff in a probate proceeding (the “Probate Proceeding”) and ...

Excerpt: ...mmary Judgment is GRANTED. Based on the undisputed evidence, Defendant Adco's products did not cause Plaintiff's cancer. I. Undisputed evidence establishes Silk Sheen was the only product sold to Plaintiff's employer, Stoneview Corporation In Plaintiffs' DOE amendment adding Defendant Adco as a defendant, the following chemicals were identified as sources of Adco's liability: AlbaChem PSR, Renew, Clorosheen Injectable Sizing, Pull-Out Premium. Si...

Excerpt: ...mination/constructive discharge, 6 th cause of action for violation of Labor Code §970, 10 th cause of action for retaliation and 11 th cause of action for unjust enrichment is SUSTAINED WITH 20 DAYS LEAVE TO AMEND The demurrer to the 2 nd cause of action for breach of implied covenant of good faith and fair dealing is SUSTAINED WITHOUT LEAVE TO AMEND The demurrer to the 1 st cause of action for breach of contract, 5 th cause of action for overt...

Excerpt: ... Gustavo Zinkewich's Motion to Disqualify Andrew Zepeda, Jimmy Chang, and the Law Firm of Lurie, Zepeda, Schmalz, Hogan & Martin (“Lurie Zepeda”) and Motion to Quash the Deposition Subpoena of Heriberto Schoeffer or for a Protective Order came for hearing at 8:30 a.m. on January 21, 2021 in Department O of this Court. Jeffrey Zuidema appeared for Lumar and Mr. Zinkewich and Kurt Schmalz, Andrew Zepeda, and Jimmy Chang appeared for Mr. Singer....

Excerpt: ...PARTY: Plaintiff Benjamin David Silverman, a disabled adult, by and through his Guardian Ad Litem, Brian Silverman TENTATIVE RULING Defendants Shelby Senior Care, LLC d/b/a Terraza of Cheviot Hills; Northstar Living, Inc.; Matan Burstyn; and Cassandra Arnold's Motion to Compel Arbitration is GRANTED. Defendants establish the existence of a binding arbitration agreement applicable to the causes of action alleged in the complaint. Code of Civil Pro...

Excerpt: ...r to the Third Amended Complaint (TAC) is OVERRULED. Defendant to answer within 20 days. 1st cause of action for breach of contract—OVERRULE. Defendant Jaime Fuentes Insurance Agency, Inc. argues there was never any contract between itself and Plaintiff personally. Plaintiff need not allege a direct agreement between herself personally and Defendant Jaime Fuentes Insurance Agency, Inc. She is suing as assignee of the Underlying Defendants, who ...

Excerpt: ...ppor, MD, Inc.'s Motion to Strike is GRANTED as to punitive damages per CCP §425.13 and the allegations regarding legal expenses per CCP §1033.5(a)(10). I. Applicable Law “In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive ...

Excerpt: ...n RESP. PARTY: (1) Defendant/X-Complainant Pure Vape Inc. and Vardan Kushkyan (2) Plaintiff Steve Perkovich TENTATIVE RULING I. Plaintiff's Motion for Leave to File a SAC—GRANTED “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 exis...

Excerpt: ...nts' Demurrer to the Third Amended Complaint (TAC) is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for breach of the implied covenant of good faith and fair dealing and the 2 nd cause of action for wrongful termination, SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 5 th through 7 th cause of action for Labor Code Violations and the 8 th cause of action for Negligent Infliction of Emotional Distress, and OVERRULED as to the 3 ...

Excerpt: ...rron RESP. PARTY: Plaintiff Max Goldsmith TENTATIVE RULING Defendants' Demurrer to the first cause of action for violation of Article IX, Section 5 of the California Constitution and to the second cause of action for violation of Article 1, Section 7(a) is SUSTAINED WITH 10 DAYS LEAVE TO AMEND solely only to state claims for declaratory relief and/or injunctive relief, if appropriate. If Plaintiff intends to amend, the parties are ordered to meet...

Excerpt: ... Estate Properties and Brian Stace's Demurrer to the second amended cross-complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the first and second causes of action for breach of contract and OVERRULED as to the remaining causes of action. Cross-Defendants to answer in 10 days. I. 1 st cause of action for breach of contract and 2 nd cause of action for breach of the implied covenant of good faith and fair dealing—SUSTAIN WITHOUT LEAVE TO AMEND C...

Excerpt: ...m America, Inc.'s (LGCAI) Motion to Quash for Lack of Personal Jurisdiction is GRANTED. I. General jurisdiction fails because no evidence that LGCAI is “at home” in California As an example of an exceptional case where general jurisdiction was asserted over a corporation outside of its state of incorporation or principal place of business, the Supreme Court cited to Perkins v. Benguet Col. Mining Co., 342 U.S. 437, 447-448 (1952). See Daimler...

Excerpt: .... MOVING PARTY: Plaintiff Ocean Towers Housing Corporation RESP. PARTY: Defendant John Spahi JOINED BY: Defendant Joseph Orlando, Dolrina Schiro, Omar Spahi, Apex Investments Group, Ltd TENTATIVE RULING Plaintiff Ocean Towers Housing Corporation's Motion for Order, Pursuant to Civil Code §3295(c) Permitting Pretrial Discovery of Wrongfully Gained Profits by and Financial Condition of Defendants John Spahi, Joseph Orlando, Omar Spahi and Apex Inv...

Excerpt: ...as Aguilar, Jetziba Aguilar TENTATIVE RULING Defendant Omar Flores's (Flores) Demurrer to the first cause of action for negligence alleged in the First Amended Complaint (FAC) is OVERRULED. Flores's demurrer to the third cause of action for “driving under the influence of drugs and/or alcohol” is SUSTAINED without leave to amend. Flores's Motion to Strike the allegations and claim for attorney's fees punitive damages is GRANTED. The motion to...

Excerpt: ...tion for Summary Judgment is GRANTED. I. Undisputed facts establish there was no enforceable oral agreement between Plaintiff's assignee and Defendant. “To state a cause of action for breach of contract, a plaintiff must plead and prove (1) the existence of a contract, (2) the plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) resulting damage.” CDF Firefighters v. Maldonado (2008) 158 Ca...

Excerpt: ...VE RULING Plaintiff Lumar LLC's and Cross-Defendant Gustavo Zinkewich's Motion to Disqualify is GRANTED. Plaintiff Lumar LLC and Cross-Defendant Gustavo Zinkewich's Motion to Quash and for Protective Order is DENIED. However, in light of the disqualification order, the deposition of Schoeffer as a non-party is continued until after Singer's retention of new counsel. Singer's evidentiary objections are OVERRULED. I. A Direct attorney‐client rela...

Excerpt: ...lainant Houck Construction, Inc. (Houck Construction) TENTATIVE RULING Bakers' Demurrer to Houck Construction's First Amended Cross- Complaint (FAXC) is OVERRULED. Baker' Motion to Strike is GRANTED as to the Attorney's Fees and Punitive Damages in connection with the 6 th cause of action for breach of implied covenant of good faith and fair dealing and DENIED as to the punitive damages in connection with the 7 th cause of action for fraud. Baker...

Excerpt: ...: Defendant Paul Colichman RESP. PARTY: Plaintiff Donna Sue Workman TENTATIVE RULING Defendant Paul Colichman's Motion to Compel Compliance with Requests for Production of Documents(RFP) (set one) is DENIED. Defendant Paul Colichman's Motion to Compel Further Responses to RFPs (set two) is GRANTED in part and DENIED in part. Motion to Compel Compliance with RFPs (set one)—DENY “If a party filing a response to a demand for inspection, copying,...

Excerpt: ...onal, LLC's (Fitness) Demurrer to the Plaintiff's first cause of action for negligence is SUSTAINED WITHOUT LEAVE TO AMEND and as to the second cause of action for negligent hiring, supervision and retention is OVERRULED. Defendant's Motion to Strike is DENIED. Defendant Fitness to answer in 10 days. First cause of action for negligence—Plaintiff argues she is attempting to impose liability in her first cause of action for negligence based on D...

Excerpt: ...e Properties and Brian Stace's Demurrer to the Second amended cross complaint is SUSTAINED WITH OUT LEAVE TO AMEND as to the 1 st and 2 nd causes of action for breach of contract and OVERRULED as to the remaining causes of action. Cross-Defendants to answer in 10 days. The Court will consider Defendant's unnoticed “request for a continuance” (filed 1-11-21) at the hearing. In that regard, counsel is directed to review the Court's minute order...

Excerpt: ...the alternative, Summary Adjudication is DENIED. Plaintiff's request for a CCP §437c(h) continuance a to the fraudulent concealment cause of action and the punitive damages claim is MOOT. I. “General Causation” (Medical) “Based on the provisions of Evidence Code sections 801 and 80212, the trial court acts as a gatekeeper to exclude expert opinion testimony that is (1) based on matter of a type on which an expert may not reasonably rely, (...

Excerpt: ...nt is OVERRULED. Defendant Zarate's Motion to Strike is DENIED. Defendant to answer in 10 days. 1st cause of action for breach of contract—OVERRULED. Plaintiff alleges the existence of a contract with Defendant and its material terms (Complaint, ¶¶12-22, 28), Defendant's breach of the contract by leasing the subject property to third parties through AirBnb (Complaint, ¶¶23-24, 29), Plaintiff's performance of all its obligations under the le...

Excerpt: ...nt/X-Complainant Cardiff Project, LLC RESP. PARTY: (1) Defendant/X-Defendant/X-Complainant Cardiff Project, LLC (BY MOTION TO CONTEST) (2) Defendant/X-Complainant United Site Services of California, Inc. TENTATIVE RULING Defendant United Site Services of California, Inc.'s Application Motion for Determination of Good Faith Settlement is DENIED without prejudice. Defendant Cardiff Project, LLC's Motion to Contest Determination of Good Faith Settle...

Excerpt: ...d complaint is SUSTAINED, WITHOUT LEAVE TO AMEND. The motion to strike is GRANTED, IN PART. The reference to Government Code §815.6 in the first cause of action stricken. The City is to file an answer in 10 days. This is the second time Plaintiff tried to allege a claim against the City under Government Code §815.6. The first time the court sustained the demurrer with leave to amend “to add specific references to statutes or other provisions ...

Excerpt: ...a's Motion for Preliminary Injunction is GRANTED. CCP §1008(b) does not apply. The Court previously denied the ex parte application for TRO and Injunction without prejudice on 10-8-19. See Farber v. Bay View Terrace Homeowners Assn. (2006) 141 Cal.App.4th 1007, 1015; Nat'l Granger of Order of Patrons of Husbandry v. Cal. Guild (2019) 38 Cal.App.5th 706, 716 fn.10. The motion is also supported by the December 2019 deposition of Munz, which had no...

Excerpt: ... is GRANTED. Plaintiff is ordered to file a copy of the First Amended Complaint under separate cover forthwith. Defendants do not argue that prejudice will result if the amendment is allowed. Defendants instead argue the amendment is a sham, because it seeks to change certain factual allegations to conform to recently discovered evidence. Defendants argue that they would prevail on summary judgment of the original complaint, because the evidence ...

Excerpt: ...he statutory procedure for enforcing settlement agreements under section 664.6 is not exclusive. It is merely an expeditious, valid alternative statutorily created. Even though it is not exclusive, is intended to provide a means for enforcing an agreement that requires nothing more than a single motion. Although a judge hearing a section 664.6 motion may receive evidence, determine disputed facts, and enter the terms of a settlement agreement as ...

Excerpt: ... SUSTAINED WITHOUT LEAVE TO AMEND as to the 6th cause of action for fraud, 8 th cause of action for negligent misrepresentation and 10 th cause of action for negligent infliction of emotional distress (NIED) and OVERRULED as to the 4 th cause of action for lack of informed consent, 7 th cause of action for concealment, and 9 th cause of action for intentional infliction of emotional distress (IIED). Defendant Smith's Motion to Strike is GRANTED p...

Excerpt: ...ant Farzaneh Paknejad (4) Cross-Defendant HP Group, G.C., Inc. RESP. PARTY: (1)‐(4) Cross-Complainants Shahab Binafard and Azadeh Binafard TENTATIVE RULING Cross-Defendants Hassan Paknejad, Mehdi Paknejad, Farzaneh Paknejad and HP Group, G.C.,Inc.'s Demurrers to Second Amended X-Complaint are OVERRULED. Cross-Defendants' Motions to Strike are GRANTED as to the punitive damages pled in connection with the constructive fraud claim and DENIED as t...

Excerpt: ...n Towers Housing Corporation TENTATIVE RULING Defendant Joseph Orlando and Nonparty CID Services, Inc.'s Motion to Quash Deposition Subpoena is DENIED. Defendant Joseph Orlando and Nonparty Condo Services, Inc.'s Motion to Quash Deposition Subpoena is DENIED. Plaintiff's Request for Sanctions is DENIED. Plaintiff requested sanctions in the amount of $11,300 (14.2 hours @ $650/hr, 4 hours @ $675/hr). Both motions make identical arguments as to two...

Excerpt: ...ts Kathryn Ireland, The Perfect Room, Kathryn M. Irleand, Inc. and Kathryn M. Ireland Textiles & Design's Demurrer to Complaint is OVERRULED and the Motion to Strike is GRANTED in part and DENIED in part. I. Demurrer—OVERRULE 2nd cause of action for fraud—Plaintiff alleges that Ireland made promises and representations in March 2018. See Complaint, ¶11. Those representations and promises are identified in detail. Id. Plaintiff alleges Irelan...

Excerpt: ...S. Grewal, MD TENTATIVE RULING Plaintiff's Motion for Reconsideration of the June 30, 2020 Decision Denying Request for Leave to Claim Punitive Damages against Defendants is DENIED. Timeliness—CCP §1008(a) requires that any motion for reconsideration must be brought “within 10 days after service upon the party of written notice of entry of the order…” Novak v. Fay (2015) 236 Cal.App.4th 329, 335-336 (10-day limit did not apply where no n...

Excerpt: ...ry proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.” CCP §425.16(g). “Section 425.16, subdivision (g) allows the court to permit specified disco...

Excerpt: .... Due on 10-27-20. TENTATIVE RULING Plaintiffs/Cross-Defendants Ernie Goldberger & Co., Regina Goldberger and Ernie Goldberger & Co.'s Motion for Summary Judgment, or in the alternative Summary Adjudication is ruled on as follows: (1) Plaintiffs' Motion for Summary Judgment of Plaintiffs' Complaint is DENIED; (2) Plaintiff Ernie Goldberger & Co.'s Motion for Summary Adjudication of the 1 st cause of action for conversion, 2 nd cause of action for...

Excerpt: ...DENIED as to the 5 th Affirmative Defense based on the litigation privilege under CC §47(b) and GRANTED as to the remaining amendments. I. Applicable Law “Section 473 permits the trial court in its discretion to allow amendments to pleadings in the furtherance of justice. Ordinarily, courts should exercise liberality in permitting amendments at any stage of the proceeding. In particular, liberality should be displayed in allowing amendments to...

Excerpt: ...in the amount of $125,078.50. Defendant's request for costs is DENIED as MOOT and/or procedurally improper. The Court allowed supplemental briefing on those new issues raised in the Court's prior tentative, specifically the Court's discussion of the mutuality of remedy provisions under paragraph 2 of Civil Code §1717(a). This discussion was relevant to Plaintiff's opposition argument that the attorney's fee provision at §1.8 of the Master Deman...

Excerpt: ...truction, Inc., George and Erika Kobor, individually and as trustees of George and Erika Kobor Family Trust dated 7-7-89 (2) Plaintiff Alice Meza (Notice of Non-Opposition) TENTATIVE RULING Defendant/Cross-Defendant Cedars-Sinai Medical Care Foundation's (“Cedars”) Motion for Summary Judgment is GRANTED as to Plaintiff's complaint. Cedars Motion for Summary Judgment, or in the Alternative, Summary Adjudication is DENIED as to Defendants/X-Com...

Excerpt: ...aadat, MD, Inc. d/b/a Reproductive Fertility Center's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action and OVERRULED as to the remaining claims. Plaintiff is granted leave to plead a new cause of action for breach of fiduciary duty in lieu of the 2 nd cause of action for ordinary negligence. The demurrer as to John Doe and the 1 st through 4 th causes of action is moot based on parties' stipulation that John is only pro...

Excerpt: ...ts/X-Complainants Fusionzone Automotive LLC, Brett Sutherlin and Karen Sutherlin's Motion to Disqualify Counsel is GRANTED. I. Applicable Law Rule 3-3100(E) provides that “[a] member shall not, without the informed written consent of the client or former client, accept employment adverse to the client or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material...

Excerpt: ... and C.C.S. Design and Construction, Inc.'s Demurrer to the 6th cause of action for Intentional Infliction of Emotional Distress (IIED) is OVERRULED. Defendants' Motion to Strike is DENIED. I. Demurrer to 6 th cause of action for IIED—OVERRULE The elements of a cause of action for intentional infliction of emotional distress are (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing e...

Excerpt: ...Defendant Guillet's Motion for Attorney's Fees is DENIED as to the 1 st and 3 rd through 8 th causes of action based on CC §1717(b)(2) and DENIED as to the 2 nd cause of action for fraud for failure to show an enforceable contract exists that would allow for recovery of fees incurred in connection with that cause of action. I. Plaintiff's 1 st and 3 rd through 8 th causes of action were actions “on the contract” subject to Civil Code §1717....

Excerpt: ...erved on Plaintiff's counsel. TENTATIVE RULING Defendant Amobee, Inc.'s Motion for Attorney's Fees is GRANTED in the amount of $125,078.50. Defendant's request for costs is DENIED as MOOT and/or procedurally improper. I. Plaintiff's Complaint was an action “on the contract” under Civil Code §1717(a) Civil Code §1717(a) provides: “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which ar...

Excerpt: ...s Fusionzone Automotive LLC, Brett Sutherlin and Karen Sutherlin's Motion to Disqualify Counsel is GRANTED. I. Applicable Law Rule 3-3100(E) provides that “[a] member shall not, without the informed written consent of the client or former client, accept employment adverse to the client or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material to the employme...

Excerpt: ...a Law Corporation's Motion to Quash Deposition Subpoena is GRANTED, IN PART. Defendant Mink's Motion to Quash is GRANTED as to Request Nos. 3, 4, 6 and 7 and DENIED as to Request Nos. 1, 2 and 5. Plaintiff's RJN is DENIED as irrelevant. All objections to the Reply Declaration of Thomas Sands are SUSTAINED. REASONING: Defendant's objection to the late filed opposition is overruled. Defendant filed a substantive reply and no prejudice resulted from...