Excerpt: ...o Strike is moot in part as alleged against the second and fourth causes of action; and sustained in part as to paragraphs 42, 55, and pp. 17:7, 18:13, with leave to amend. Meet & Confer Before filing a demurrer or a motion to strike, the demurring or moving party is required to meet and confer with the party who filed the pleading demurred to or the pleading that is subject to the motion to strike for the purposes of determining whether an agree...

Excerpt: ...o paragraphs 39, 71.b, 71.d, 71.f, and 82.e, with leave to amend. Meet & Confer Before filing a demurrer or a motion to strike, the demurring or moving party is required to meet and confer with the party who filed the pleading demurred to or the pleading that is subject to the motion to strike for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised ...

Excerpt: ...n The court strikes the First Amended Complaint in this action. The Plaintiff's motion to compel arbitration is moot. Case Background Plaintiff Self Centrd, LLC commenced this action against Defendants Life Spectacular, Inc. dba “Proven”; Mingshu (Ming) Zhao; Zaoshi (Amy) Yuan; and Does on May 4, 2020. Defendants filed a motion to compel arbitration on June 1, 2020. On July 15, 2020 Defendant Life Spectacular, Inc. filed a Special Motion to S...

Excerpt: ...motion to strike an answer must be filed within 10 days after service of the answer. (CCP §§ 430.40(b) (party may demur to an answer within 10 days after service of the answer), 435(b)(1) (party may file a motion to strike a pleading within the time allowed to respond); Cal. Rules of Court, Rule 3.1322(b) (notice of motion to strike must be given within the time allowed to plead, and if demurrer is interposed, concurrently therewith, and must b...

Excerpt: ... testimony default prove-up hearing. Plaintiff to give notice. Live Testimony Prove‐Up Hearing Pursuant to Los Angeles Superior Court Local Rule 3.201, the preferred method for a plaintiff to obtain default judgment is based on declarations under Code of Civil Procedure section 585(d) and California Rules of Court, Rule 3.1800. (LASC Rule 3.201(a).) A live testimony prove-up hearing may be scheduled if ordered by the court in its discretion. (I...

Excerpt: ...to Strike (anti-SLAPP) is denied. Plaintiff's request for attorney's fees and costs is denied. Procedural Considerations Plaintiff's Request for Judicial Notice Plaintiff on opposition requests judicial notice of (1) the Complaint in The People of the State of California v. Brittany Littleton, et al. (2020) Los Angeles Superior Court, Case No. 20STCV27491; and (2) the Order to Cease and Desist in the same action. Both are offered in support of th...

Excerpt: ...er the hearing on the motion is to be stayed pending resolution of the appeals in this action and (b) entitlement to attorneys' fees pursuant to CCP § 685.040. Plaintiffs may file a response on the following issues within 15 days: (a) the necessity of a motion pursuant to CCP § 685.080; and (b) Moving Defendant's specific arguments regarding Plaintiffs' evidence made on reply. Procedural Considerations Timely Filing of Memorandum of Costs Respe...

Excerpt: ...iff served the moving papers for the instant motion, as well as the Notice of Hearing on Motion to Enforce Settlement displaying the hearing date of October 19, 2020, by overnight delivery and by email on Defendant's counsel on August 11, 2020. Notice of the motion was thus proper. (CCP § 1005(b).) The motion is unopposed. Legal Standard CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outs...

Excerpt: ...LLP's First Amended Cross‐Complaint Demurrer of Enfants Riches Deprimes, LLC and Henry Levy to the First and Second Causes of Action alleged in the First Amended Cross-Complaint filed by Kallman + Thompson + Logan, LLP is overruled. Cross-Defendants Enfants Riches Deprimes, LLC and Henry Levy (“ERD Parties”) demur to the first and second causes of action of conversion and negligence alleged against them in the Cross- Complaint filed by Cros...

Excerpt: ...ment Plaintiff's application for default judgment is denied without prejudice. Legal Standard A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100). (California Rules of Court Rule 3.1800.) Per Rule 3.1800(a), a party seeking a default must file various documents with the court including: a brief summary of the case identifying the parties and the nature of...

Excerpt: ...ipulated Judgment POW! Entertainment, Inc.'s Motion to Vacate and Set Aside Stipulated Judgment is denied, without prejudice to POW! bringing a separate equitable action on such grounds. Evidentiary Objections Defendant objects to the reply filed October 7, 2020 by POW!, one day after the time to file a timely reply. (CCP § 1005(b).) In light of the short delay, the court considers the late‐filed reply. (Cal. Rules of Court, Rule 3.1300.) Requ...

Excerpt: ...Order within ten days. Discussion Petitioners Kathleen Stone and Patrick Stone petition the court to confirm an arbitration award in the arbitration between Petitioners and Respondent Alexander Zerkovsky pursuant to the Contractors State License Board Arbitration Program, CSLB Case No. AS2019-073, rendered on October 11, 2019, and attached to the Complaint. Notice Petitioners filed proof of service of the petition indicating personal service on R...

Excerpt: ...ons for leave to file a First Amended Complaint asserting new causes of action and adding factual allegations, and to compel arbitration of several of those claims, are likewise denied, without prejudice pending the resolution of arbitration. History of Proceedings Plaintiff filed the complaint in this action on December 31, 2015, alleging seven causes of action against defendants. On April 21, 2016, Defendant American Rag Cie II, Inc. moved to c...

Excerpt: ...aintiff's application for default judgment is granted, with reduction in penalties and attorneys' fees. Legal Standard A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100). California Rules of Court Rule 3.1800. Per Rule 3.1800(a), a party seeking a default must file various documents with the court including: a brief summary of the case identifying the pa...

Excerpt: ...rt- Ordered Transcript; and (4) denied in part and continued in part for Fees for Electronic Service or Filing. Plaintiff may file a supplemental declaration within 15 days with the final invoices listed below, only. Defendant may file any objection to the supplemental declaration within 30 days of this order. Legal Standard A prevailing party is entitled as a matter of right to recover costs in any action or proceeding, unless otherwise expressl...

Excerpt: ...ses of action two and three is sustained with leave to amend. Legal Standard “A complaint is vulnerable to a general demurrer on the ground that it fails to state a cause of action.” (Schauer v. Mandarin Gems of California, Inc. (2005) 125 Cal.App.4th 949, 955.) “A general demurrer will [also] lie where the complaint ‘has included allegations that clearly disclose some defense or bar to recovery.' [Citations].” (Holiday Matinee, Inc. v....

Excerpt: ...vil Procedure, section 1710.40. (CCP § 1710.40; see Liquidator of Integrity Ins. Co. v. Hendrix (1997) 54 Cal.App.4th 971, 973.) California courts have authority to vacate a sister state money judgment on the ground the judgment exceeds the jurisdiction of the sister state court under California's Sister State Money Judgments Act. (Comment to Code Civ. Proc. Section 1710.40(a).) Discussion Movant Joshua Singer moves to vacate default judgment on...

Excerpt: ...Auto Exchange Limited and Edwin Campos demur to the Complaint filed by Plaintiff Westlake Services, LLC dba Westlake Financial Services against them, with causes of action: (1) Breach of Contract. (2) Common Counts. Defendants assert both causes of action are uncertain and fail to state sufficient facts. (CCP §§ 430.10(e),(f).) Uncertainty “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain,...

Excerpt: ...that builds advertising campaigns across various industries, including music, art, sports, and fashion. Plaintiff brought the instant actions against two former employees, Defendants Xavier Ruffin (“Ruffin”) and Ricardo Mendoza (“Mendoza”) (collectively “Defendants”). Plaintiff alleges that Defendants unlawfully used confidential and proprietary information in violation of their employee agreements. This action has a protracted proced...

Excerpt: ...ry Objections On summary judgment or adjudication, “[s]upporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations.” (Code Civ. Proc., § 437c(d).) Plaintiff objects to the declaration of John A. Graniez filed in support of Defendant's motion f...

Excerpt: ...the court take judicial notice of the Court's ruling on Motion for Judgment on the Pleadings in this action dated February 25, 2020; two filings in this action; and the docket for this action dated February 28, 2020. The requests are granted as to the documents but not as to the truth of their contents. (CEC § 452(d).) Relevant Law The court may order the separate trial of any cause of action or of any separate issue “in furtherance of conveni...

Excerpt: ...ts. Case No.: 20STCV08678 Hearing Date: 9/4/2020 [TENTATIVE] RULING RE: Defendants Cross Creek Media, LLC and Timothy Thompson's Demurrer to the Complaint Defendants' demurrer is sustained with leave to amend. Meet and Confer Before filing a demurrer or motion to strike, the demurring or moving party is required to meet and confer, in person or by telephone, with the party who filed the pleading demurred to, to determine whether an agreement can ...

Excerpt: ...ary Adjudication Plaintiff's motion for summary adjudication is denied. Discussion Case Background This is a family dispute over the ownership and management of a duplex located at 1116-1118 S. Highland Ave., Los Angeles, CA 90019. (SAC, ¶ 1.) Plaintiff William A. Richardson (“William” [1] ) and Defendant Madison Richardson (“Madison”) each inherited an undivided one-half interest in the duplex when their mother died in 1989. (SAC, ¶ 3....

Excerpt: ...ars to request the court to take judicial notice of the FAC and exhibits attached thereto. (Mot. at pp. 6-7; CCP § 438(d) (request for judicial notice on motion for judgment on the pleadings must specify the request in the notice of motion or supporting points and authorities).) The court may take judicial notice of the existence of the First Amended Complaint, but judicial notice of filings in an action does not admit the truth of their content...

Excerpt: ...ranted, without prejudice to Plaintiff serving a proper subpoena during the reopened discovery period. Monetary sanctions are denied. I. Motion to Continue Trial Relevant Law “To ensure the prompt disposition 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 Rule 3.1332(a).) Trial continuances may be granted only on an affirmative showing of good cause. ...