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

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

Excerpt: ...Defendants Kevin Mahoney and Mahoney Law Group, APC's Motion for Fees pursuant to CCP §425.16(c) is GRANTED. Defendants are awarded fees in the amount of 74,775.00. Defendants request for costs in the amount of $1,054.38 is GRANTED. Supplemental Briefing The Court continued this matter from April 7, 2022, so that the Plaintiffs could file a supplemental opposition and Mahoney Defendants could file a supplemental reply. The supplemental briefing ...

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: ...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: ...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: ...& 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...