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...