Excerpt: ...ation, Inc. and Evan E. Levi's Motion for Summary Adjudication is DENIED. Objection to Declaration of D. Carr—SUSTAINED as to 10, 11, 21, 22, 45, 65, 66, 67, 68, 69 and OVERRULED as to remaining. Objection to Declaration of Evan Levi—SUSTAINED as to Obj. Nos. 1, 3-13, 17 and OVERRULED as to Obj. Nos. 2, 14, 15, 16, 18, Exs. E and F Objection to Declaration of V. Megeurian—SUSTAINED as to Obj. Nos. 1, 2, 2 (there are two Objection No. “2�...

Excerpt: ... and Lynda A. Levy's Motion for Preferential Trial Setting is GRANTED. Plaintiffs submitted a declaration in conformity with CCP §36.5 attesting to service of process on all essential parties in this action. See Motion, Dec. of M. Palmer, ¶9. Defendants' objection based on failure to comply with CCP §36.5 is overruled. Plaintiffs move for trial preference pursuant to CCP §36(a) and (e). Defendants oppose any request for trial preference under...

Excerpt: ... answer in 10 days. Defendant's RJN is GRANTED. Plaintiff's RJN is GRANTED. Suspension of a corporation provides an opposing party with an affirmative defense that, when timely raised, prevents the corporation from prosecuting or defending an action in a California court. See Rev. & Tax. C. §§23301, 13301.5; Bourhis v. Lord (2013) 56 Cal.4th 320, 324. Further, contracts entered into by the corporation during suspension are voidable at the optio...

Excerpt: ... not yet been related. The hearing on relation of the two cases is set for hearing on the same date as this motion to consolidate. 22VECV00766 is currently pending in Department W of the Van Nuys Courthouse. “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department,...

Excerpt: ...in the alternative, Summary Adjudication is DENIED. Plaintiff's Evidentiary Objection to Supp. Dec. of R. Miller— SUSTAINED. I. Defendant fails to establish immunity under GC §830.6 as a matter of law Defendant City's MSJ/A based on design immunity pursuant to GC §830.6 is denied. Govt. Code § 830.6 provides, “Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construc...

Excerpt: ...nsel informed the Court that Plaintiff Interlandi had assigned his claims in this action to his former counsel, Gina Lisita. Defendant objected, asserting such assignment was illegal. On September 30, 2022, with Lisitsa present, counsel for Plaintiff Interlandi confirmed he intends to “substitute” Lisitsa into this case as the plaintiff and that he would represent Lisitsa as the real party in interest in place of Interlandi. A copy of the ass...

Excerpt: ...6.2. Petitioner seeks to vacate the arbitration award based on (1) misconduct of a neutral arbitrator substantially prejudiced petitioner's rights; (2) the arbitrator exceeded his or her authority, and the award cannot be fairly corrected; and (3) the arbitrator unfairly refused to postpone the hearing or to hear evidence useful to settle the dispute. See Petition, Item 10(c). Petitioner argues the panel improperly excluded her expert's testimony...

Excerpt: ...ato's Motion to Strike is DENIED. Keith Fink and Associates' (KFA)request for fees is DENIED. “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, for each claim that does arise from protected activity, the plaintiff must show the claim has “at least ‘min...

Excerpt: ...aintiff is granted leave to conduct the specific discovery identified in the proposed order received 9-9-2022. A court may grant a continuance of an anti-SLAPP motion to allow discovery for good cause. (§ 425.16, subd. (g).) (§ 425.16, subd. (g).) “To establish good cause, the plaintiff must file a noticed motion identifying the specific discovery sought and showing this discovery is needed to establish a prima facie case and tailored to that...

Excerpt: ... Defendants David Yashar and DSY Pharmacy Inc. d/b/a Ace Medical Pharmacy's Motion for Summary Judgment is DENIED. Defendants fail to negate Plaintiffs' allegations of breach and causation. Plaintiff's Objections to Defendants' Evidence—OVERRULE. Yashar's statement that he did not recall Decedent specifically does not render his opinion lacking in foundation. Yashar testifies to habit and custom and the testimony is admissible per Evidence Code...

Excerpt: ..., et al. TENTATIVE RULING Defendant Eric L. Foumberg's Motion for Attorney's Fees is GRANTED. Foumberg is awarded fees in the amount of _____________ I. Foumberg entitled to fees as nonsignatory sued as alter ego of judgment debtors A nonsignatory sued as if a party to the contract (e.g., as alter ego or partner or coventurer of the signatory corporation) can recover fees as a prevailing party. See Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d...

Excerpt: ...ed Defendant to help him operate the company and paid Defendant wages. Plaintiff was often in China. In about 2007, Plaintiff authorized Defendant to remit about $120,000.00 from his bank account (to which Defendant had been added for business purposes) to purchase a 4- acre piece of vacant land in New Jersey and to consummate the transaction. Defendant later told Plaintiff the transaction had been completed and showed him a copy of his bank stat...

Excerpt: ...October 29, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants C&L Refrigeration Corporation (“C&L”), Angle Ironworks, Inc. (“Angle”) and Does 1‐50 for: 1. Negligence 2. Premises Liability On January 3, 2020, Plaintiff filed an “Amendment to Complaint,” wherein GB Metal Fabricators, Inc. (“GB Metals”) was named in lieu of Doe 1. On March 11, 2020, GB Metals filed a cross‐complaint, a...

Excerpt: ...atic Stay,” advising therein of its Chapter 11 bankruptcy filing. On November 12, 2020, a “Notice of Stipulation Re: Relief from the Automatic Stay; and Order Thereon” was filed. On September 21, 2021, this action was transferred from Department 32 of the Personal Injury Court to this department. On January 14, 2022, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against SpeedZone Los Angeles, Apex Parks ...

Excerpt: ... and Erika Schnicke TENTATIVE RULING Defendant Queensland Manor South Cooperative, Inc.'s Motion to Set Aside Default is GRANTED. Plaintiff's Request for Judicial Notice GRANTED. The entry of default is set aside, and a trial setting conference is set for ___________________. This case was initially assigned to the LASC “Personal Injury Hub Court.” On November 10, 2021, the then assigned PI Hub judge granted the plaintiff's “motion for term...

Excerpt: ...ces, Inc. and Adrian Jesus Hernandez RESP. PARTY: (1) Defendant Pacific West Construction Services, Inc. (2) Cross-Defendant Mason-Taylor Construction Inc. TENTATIVE RULING Cross-Defendant Mason-Taylor Construction's Application for Determination of Good Faith Settlement is DENIED WITHOUT PREJUDICE. Defendants Pacific West Constructions Services, Inc. and Adrian Jesus Hernandez's (collectively referred to as “Pacific West”) Motion to Contest ...

Excerpt: ...RANTED. I. Invasion of Privacy Law “One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person. The definition of the intrusion tort consists of two elements: (1) the intrusion into a private place, conversation or matter, (2) in a manner h...

Excerpt: ...r Leave to File Second Amended Complaint is GRANTED. Plaintiff's declaration in support of the motion satisfies the requirements under CRC Rule 3.1324. Plaintiff identifies the amendments, their effect, and the information that prompted the amendment. See Dec. of J. Mendelson, ¶¶3-26. “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 par...

Excerpt: ... Consolidate is GRANTED with the condition that Nulane deposit with the Court, or an agreed upon escrow or trust account all monthly rent MDRCA claims is due each month under the lease pending further order of the Court. Nulane is to prepare the proposed order. As acknowledged in Martin-Bragg v. Moore (2013) 219 Cal.App.4 th 367, consolidation of a UD action and a civil action involving complex title issues would improperly compromise the due pro...

Excerpt: ...009 TENTATIVE RULING Defendant Nautilus Insurance Company's Motion for Summary Judgment is DENIED. Triable issues of fact remain regarding the damages element of Plaintiff's claims against Nautilus. See Defendant's SSUMF Nos. 8-11; Plaintiff's Response to Defendant's SSUMF Nos. 8-11. Defendant Nautlius's Evidentiary Objections Nos. 8 and 9 (Javaheri Dec. ¶¶8-10) are OVERRULED. Defendant Nautilus's Evidentiary Objections 1-7, 10-18 are not ruled...

Excerpt: ...nc.'s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant WFG's Motion to Strike is MOOT. Plaintiff's opposition was filed on 7 court days before the hearing date. While the opposition is untimely, The Court exercises its discretion to consider it. Standing. Plaintiff fails to allege standing to sue for cancellation of instruments, quiet title or fraud. Plaintiff alleges he is the only child of Brigitta Sjorstand, that he is ...

Excerpt: ...ANTED. Plaintiffs' Objections to Zohar Declaration are (1) SUSTAINED as to Objections 9-14 and (2) OVERRULED as to Objections 1-8, 14-28. Defendants' Objections to Cook Declaration are (1) SUSTAINED as to Objections 1-3, 4 as to “Specifically, Guillod told me…in those capacities,” 5 as to “Specifically, Guillod again told me…in those capacities,” 12-43 and (2) OVERRULED as to Objections 6-11. Defendants' Objections to Turnauer Declara...

Excerpt: ...item, Evelyn Garcia, and Evelyn Garcia, individually (“Garcia”) (collectively, “Plaintiffs”) allege as follows: On March 23, 2018, Felix was a 4‐year‐old student at Baker Elementary School (“School”) in El Monte, CA, which is within the Mountain View School District (“District”). Felix sustained injuries after he was left unsupervised in the bathroom and pushed by another student. On May 1, 2019, Plaintiffs filed a complaint, ...

Excerpt: ...RANTED. Defendant is to prepare the order and judgment of dismissal. I. Demurrer to 1 st through 4 th causes of action for violations of Civil Code §§2923.5, 2923.6(c), 2923.7 and 2924.9 is SUSTAINED WITHOUT LEAVE TO AMEND Plaintiff alleges violations of Civil Code §§2923.5, 2923.6(c), 2923.7 and 2924.9. Pursuant to Civil Code §2924.15(a), each of these sections “shall only apply to a first lien mortgage or deed of trust that meets either ...

Excerpt: ...ior tentative ruling of August 4, 2022, is withdrawn in its entirety. Defendants/Cross-Complainants Manchengo, LLC and Arcade Edit New York, LLC's Motion for Summary Adjudication is DENIED, in its entirety. Defendants/Cross-Complainants' Notice of Motion moves to adjudicate the following causes of action for adjudication from the First Amended Complaint (FAC) (1) the 1 st cause of action for breach of written contract; (2) the 4 th cause of actio...