Excerpt: ...ATIVE] RULING RE: Demurrer with Motion to Strike Demurrer is overruled. Motion to Strike is denied. Meet & Confer Before filing a demurrer or a 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 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 amen...

Excerpt: ... Motion to Strike is DENIED. A. Legal Standard Code of Civil Procedure section 425.16 permits the court to strike causes of action arising from an act in furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes there is a probability that the plaintiff will prevail on the claim. (Code Civ. Proc., § 425.16, subd. (b)(1) [“[a] cause of action against a person arising from any act of that person in further...

Excerpt: ...rth causes of action, and granted as to the fifth cause of action. Notice An opposition to the motion must be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (CCP § 437c(b)(2).) Plaintiff originally filed an opposition on April 13, 2021. The parties stipulated, in part on grounds of necessary depositions, to continue the hearing date to September 13, or ...

Excerpt: ...tective Order The motion for protective order is denied. I. Case Summary Plaintiff Fab Rock Investments LLC (“Fab Rock”) commenced this action on June 4, 2020 against Defendants Yehuda Benezra and RS West Hollywood, LLC (“RSWH”), for breaches of fiduciary duty. The Complaint makes the following allegations. RS West Hollywood, LLC (“RSWH”) is a single purpose entity for ownership and operation of an apartment building located at 1146 H...

Excerpt: ...CV43413 Hearing Date: 7/15/2021 [TENTATIVE] RULING RE: Motions to Compel Responses to Form Interrogatories, Set One and Requests For Production Of Documents, Set One, as to Cross‐Defendants Manuel Rincon and Julio Silerio Parties are to apprise the court at the hearing whether verified responses to Form Interrogatories, Set One have in fact been served. If the court is satisfied, the motions to compel responses to Form Interrogatories would be ...

Excerpt: ...urrer to the first cause of action is sustained in part with leave to amend as to Defendants Ricafort and S&R Services, LLC. Demurrer to the third cause of action is overruled. Demurrer to the fifth cause of action is sustained with leave to amend. Notice of Requested Leave to Amend Plaintiffs on July 6, 2021 filed and served a declaration by Plaintiffs' counsel, requesting leave to amend the Second Amended Complaint to add a cause of action for ...

Excerpt: ...s. Case No.: 20STCV37236 Hearing Date: 7/13/2021 [TENTATIVE] RULING RE: Demurrer with Motion to Strike – Defendant Cremach Tech, Inc. dba Creative Machining Technology Demurrer pursuant to CCP Section 430.10(f) is sustained with leave to amend. Demurrer pursuant to CCP Section 430.10(g) is sustained with leave to amend. Demurrer pursuant to CCP Section 430.10(e) is overruled in part, and sustained in part with leave to amend, as discussed below...

Excerpt: ...lution of the criminal proceedings in United States of America v. Phillip Braun, et al. (U.S. Dist. Ct. S.D. Florida, Case No. 19-80030-CR- DIMITROULEAS/MATTHEWMAN). Request for Judicial Notice Defendant's unopposed request for judicial notice of the indictment in United States of America v. Phillip Braun, et al. (U.S. Dist. Ct. S.D. Florida, Case No. 19-80030-CR-DIMITROULEAS/MATTHEWMAN) is granted. (Evid. Code, § 452(d).) The court does not acc...

Excerpt: ...ver; (2) Motion for Relief from Waiver; (3) Motion to Compel Further Responses Re: Discovery on ERD and Levy; (4) OSC Re: Appointment of Discovery Referee The Motion to Compel Further responses regarding waiver is granted; however, the Motion for Relief from Waiver regarding the same discovery is also granted. The Motion to Compel Further Responses regarding discovery propounded on Enfants Riches Deprimes and Alexander Levy is granted in part and...

Excerpt: ...otion will be taken under submission. Requests for Judicial Notice Plaintiff/Appellant Sartiaguda on Opposition requests judicial notice of Defendant/Respondent's FTB Forfeited status. The unopposed request is granted. (Evid. Code § 452(c); see Wittman v. Chrysler Corp. (1988) 199 Cal.App.3d 586, 588, fn. 1.) Plaintiff/Appellant requests judicial notice of an Order in Connie M. Aguilar v. Ivy Bridge Group (West Coast), Inc., (Los Angeles Superio...

Excerpt: ... without prejudice. Plaintiff must file a new and complete application for default judgment to obtain default judgment pursuant to Cal. Rules of Court, Rule 3.1800. Case Background Plaintiff Anthony Charmello (“Charmello”) commenced this action on January 30, 2020 against Defendants Juarez Construction, Inc. (“JCI”); David Juarez (“Juarez”); Wesco Insurance Company (“Wesco”); and Does 1-30. Wesco answered on February 25, 2020. Def...

Excerpt: ... the moving party is required to meet and confer in person or by telephone with the party who filed the pleading demurred to 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 in the demurrer. (CCP §§ 430.41(a).) Cross-Defendant Gary Shirinyan has filed a declaration attesting to having met and conferred with Cross-Complainant Citibank, N.A. ...

Excerpt: ...otion for Attorney's Fees and Costs 1. Timeliness California Rules of Court, Rule 3.1702(b)(1) provides in pertinent part: A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court . . . must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case . . . . The deadline is mandatory. (Community Youth Athletic Center v. Ci...

Excerpt: ...of action. Defendant Enrich Financial, Inc.'s demurrer is sustained with leave to amend as to the first cause of action, and overruled as to the third and fifth causes of action. Both Defendants' motions to strike are denied in part, and with respect to attorney's fees: moot as to the first cause of action; granted as to the second and third causes of action with leave to amend; denied as to the fourth cause of action; and granted as to the fifth...

Excerpt: ...The motion is denied. Motion for Reconsideration As an initial matter, Plaintiff the City of Los Angeles asserts that the instant motion for stay of proceedings is an improper motion for reconsideration of the court's order of May 27, 2021, which discussed a request for stay of discovery in replies. (CCP § 1008.) As the issue was raised first in replies after Defendants were served with a criminal complaint, and was thus not fully briefed in the...

Excerpt: ... TO STRIKE Demurrer is sustained with leave to amend. Motion to Strike is moot. Demurrer Request for Judicial Notice Defendant requests judicial notice of the case Virtanen v. O'Connell (2006) 140 Cal.App.4th 688 pursuant to CCP § 430.30 and Evidence Code § 452(a). The request is granted. (Evid. Code § 452(a).) Defendant requests judicial notice of Evidence Code, section 210 and Code of Civil Procedure, sections 386 and 386.5 pursuant to CCP �...

Excerpt: ...ant to bring a motion for protective order, with the same hearing date as this continued motion. Parties are ordered to conduct a substantive and good faith telephonic, video, or in-person meet and confer within 7 days and prior to filing moving papers for the motion for protective order. Meet and Confer A motion to compel compliance with a deposition notice upon nonappearance “shall be accompanied by a meet and confer declaration under Section...

Excerpt: ...Defendant Hi-Tech Gypsum LLC's demurrer to the cross-complaint of The Gramercy Group Design and Build, Inc. is overruled. Timeliness A cross-defendant may demur to a cross-complaint within 30 days of service of the cross- complaint. (See CCP § 430.40(a).) An untimely demurrer may be considered by the court in its discretion. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.) Cross-Defendant/Cross-Complainant The Gramercy Group Design and Build, I...

Excerpt: ... For cases filed after January 1, 2019, a document may be served electronically, if a represented party has either expressly consented to accept electronic service in the action, or if the court has ordered electronic service. (CCP § 1010.6(a)(2)(A)(ii).) Express consent may be manifested by serving a notice on all parties and filing the notice with the court, or manifesting affirmative consent through electronic means with the court or the cour...

Excerpt: ... fifth causes of action. Demurrer is sustained with leave to amend as to the first, third, and fourth causes of action. Meet & Confer Before filing a demurrer, the moving party is required to meet and confer in person or by telephone with the party who filed the pleading demurred to 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 in the demu...

Excerpt: ...ing, may serve and file a notice of motion to strike the whole or any part thereof. (CCP § 435(b)(1)). The grounds for a motion to strike must appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (CCP § 437(a)). The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and strike out all or any part of any pleading not drawn or filed in co...

Excerpt: ...ttlement is granted. Legal Standard Labor Code § 2699(l)(2) states: “The superior court shall review and approve any settlement of any civil action filed pursuant to this part [Labor Code Private Attorneys General Act of 2004 (“PAGA”)]. The proposed settlement shall be submitted to the [Labor and Workforce Development Agency (“LWDA”)] at the same time that it is submitted to the court.” Any settlement of any civil action filed under ...

Excerpt: ...yed to enforce the forum selection clause contained in the Terms of Use provided by Defendant's website. Evidentiary Objections Defendant's objections to the Declaration of Scott Ferrell filed with the opposition are overruled. Defendant's objections to the supplemental declarations of Scott Ferrell and Richard Hikida are each sustained to the entirety of each supplemental declaration. The court does not consider the supplemental declarations sub...

Excerpt: ...laintiff APS&EE, LLC commenced this action against Defendant Discount Steel, Inc. for civil penalties and injunctive relief based on violations of Health & Safety Code section 25249.6 et seq. Following a Section 170.6 Challenge, the action was assigned to Department 36 on March 18, 2019. On July 22, 2019, default was entered against Defendant Discount Steel, Inc. On December 12, 2019, default judgment was entered against Defendant Discount Steel,...

Excerpt: ...ay be reached on a discovery referee or third-party neutral and protective order. If unable to reach a stipulation, the court would grant the instant motion to compel, subject to Plaintiffs' existing proposals on a discovery referee and protective order. Background Plaintiffs commenced this action on October 31, 2019. On October 7, 2020, and then on November 17, 2020 Defendant Alejandro Padilla filed two Motions to Quash Subpoena to quash the two...

Excerpt: ...D COMPLAINT Demurrer is sustained with leave to amend. Motion to Strike is moot. I. Demurrer Legal Standard A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153...

Excerpt: ...ty is required to meet and confer in person or by telephone 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 in the demurrer. (CCP §§ 430.41, 435.5.) Defendant has now submitted a declaration attesting to having met and conferred with P...

Excerpt: ...e motion is continued to 06/23/21. Petitioners are to submit amended petitions or supplemental declaration as discussed below, within 10 days of this order. Legal Standard An enforceable settlement of a minor's claim or that of a person lacking the capacity to make decisions can only be consummated with court approval. (Prob. Code. §§ 2504, 3500, 3600 et seq.; CCP § 372; see Pearson v. Sup.Ct. (2012) 202 Cal.App.4th 1333, 1337.) “[T]he prote...

Excerpt: ... 5/25/2021 [TENTATIVE] RULING RE: DEMURRER TO COMPLAINT Demurrer is overruled as to the first and fourth causes of action. Demurrer is sustained with leave to amend as to the second, third, and fifth causes of action. Legal Standard A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) ...

Excerpt: ...TION TO STAY PROCEEDINGS The motion is granted. Motion to Stay Proceedings Defendants Ignite International, Ltd. and Ignite International Brands, Ltd. (together “Ignite”) move for an order staying proceedings pursuant to CCP § 916 pending appeal of Defendants' anti-SLAPP motion; or alternatively request the court impose a discretionary stay pending appeal. Plaintiff has opposed. Defendant Ignite has replied. Code of Civil Procedure, Section ...

Excerpt: ...7 Plaintiff Tommy Yrigollen commenced this action against Defendant Irma Hernandez and Does, for: (1) Accounting. (2) Elder Abuse. (3) Breach of Fiduciary Duty. Following several continuances to the Final Status Conference and Trial, Plaintiff filed a Notice of Death indicating the death of Plaintiff Tommy Yrigollen on December 30, 2019. On March 11, 2020, at a Final Status Conference, Counsel informed the court of the death of the Defendant, Irm...

Excerpt: ... to amend. Motion to strike is granted without 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 in ...

Excerpt: ... Responses to Request for Production of Documents; (3) Motion to Compel Further Responses to Special Interrogatories. The motions are each denied. Motions to Compel Further Responses Defendant previously brought four motions to compel further responses related to the discovery here in question: Form Interrogatories (Employment) Set One; Form Interrogatories (General) Set One; Requests for Production of Documents, Set One; and Special Interrogator...

Excerpt: ...tively, Adjudication The motion for summary judgment, alternatively, adjudication is denied. Defendant's Objections to Evidence Defendant's objections to Plaintiff's evidence are ruled on as follows: Sustained: Nos. 5, 8-10, 20-22, 25, 34. Overruled: Nos. 1-4, 6-7, 11-19, 23-24, 26-33. Legal Standard In reviewing a motion for summary judgment, courts employ a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine w...

Excerpt: ...5/11/2021 [TENTATIVE] RULING RE: Motion to Strike – to First Amended Complaint The motion to strike is granted with 20 days leave to amend. Timely Filing A defendant may file a motion to strike to a complaint within 30 days after service of the complaint. (CCP § 435(b)(1).) Plaintiffs filed and served the First Amended Complaint on March 23, 2021, and Moving Defendants timely filed this motion to strike on March 29, 2021. Meet & Confer Before ...

Excerpt: ...emurrer is sustained with 20 days leave to amend as to the third cause of action; and overruled as to the sixth, seventh, eighth, and eleventh causes of action. Motion to Strike is denied in part and granted in part 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 m...

Excerpt: ... pending the resolution of Defendant Life Spectacular, Inc.'s Appeal to the court's order on its Special Motion to Strike (anti-SLAPP). Timely Filing A party may demur to the complaint within 30 days after service, unless extended by stipulation or court order. (CCP § 430.40(a).) The court has discretion to consider an untimely demurrer. (See Jackson v. Doe (2011) 192 Cal.App.4th 742, 749.) Plaintiff has filed proofs of service of the Complaint ...

Excerpt: ...ponses to Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Production of Documents, Set One The Motion to Compel Further Responses to Form Interrogatories, Set One, is granted. Sanctions are awarded in the amount of $1,600. The Motion to Compel Further Responses to Special Interrogatories, Set One, is moot. Sanctions are awarded in the amount of $1,200. The Motion to Compel Further Responses to Requests for Production...

Excerpt: ...e reduced sum of $2,046.41. Discussion Moving Defendants Vicki Bayard Petersen, Linda Solberg Kirksey, and Irene D. Levett (“Moving Defendants”) move for an award of attorney's fees pursuant to Civil Code § 1717 and California Rules of Court, Rule 3.1702, of $66,176.50 and costs of $2,062.70. The amount includes an anticipated $3,475 for preparing the instant motion, reviewing opposition, preparing reply, and appearing at the hearing, as wel...

Excerpt: ...Cunnane, Psy.D.'s demurrer is sustained with leave to amend. The motion to strike is moot. Defendant Soultenders, Inc.'s demurrer is sustained 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 ...

Excerpt: ...emurrer is overruled as to the fourth and fifth causes of action. 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...

Excerpt: ...s' Objections to Defendant's Evidence Judgment Creditors Kyle Madison and Marjan Madison (“Judgment Creditors”)'s objections to evidence are each OVERRULED. Discussion Judgment Debtor moves for an order confirming that the portion of the Judgment relating to the dissolution and liquidation of Casa W, LLC, including the sale of its Mexican property asset, is subject to the automatic stay under Code of Civil Procedure, section 916; or, alternat...

Excerpt: ... causes of action. Demurrer is sustained with leave to amend as to the second, third, fourth, and fifth causes of action. Motion to Strike is granted in part and denied in part. I. Demurrer Request for Judicial Notice Defendants request judicial notice of several recorded documents. (RJN Nos. 1-5, 8.) The unopposed requests are granted. (Evid. Code § 452(h); Jenkins v. JPMorgan Chase Bank, N.A. (2013) 216 Cal.App.4th 497, 536, as modified (June ...

Excerpt: ...rties Hersh, Goland & Green and Riley Akopians & MSA CPAs The motions are each granted. Notice Notice of a motion to produce documents in a deposition subpoena requires notice to all parties and the deponent. (CCP § 2025.480(c).) Proof of service of the instant motions shows service by electronic service and personal service on April 2, 2021, on Defendants' prior and current counsel of record; counsel of record for the two accounting firms on wh...

Excerpt: ...ritten below within 10 days. Notice Petitioner Central Valley Administrators, Inc. commenced this petition action on to confirm an arbitration award in the arbitration between Petitioner and Respondents D. Stephen Sorensen and the Sorensen Living Trust, pursuant to an arbitration agreement over two agreements between the parties. A final arbitration award was issued by arbitrator Richard R. Mainland on September 1, 2020. (Foster Decl., ¶ 4, Exh....

Excerpt: ...apers shall be served and filed at least 16 court days before the hearing.” (CCP § 1005(b).) Electronic service extends the notice period by two court days. (CCP § 1010.6(a)(4).) Plaintiff's proof of electronic service of this motion shows Plaintiff served moving papers by electronic service on counsel Daniel DeCarlo, Lewis Brisbois Bisgaard & Smith LLP, by email on March 22, 2021. (Proof of Electronic Service.) Accounting for the two-day ext...

Excerpt: ...arty, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” (CCP § 473(d).) When there has been no valid service of summons, a default judgment violates due process of law, and is void and can be set aside at any time upon a party's motion pursuant to CCP § ...

Excerpt: ...60 in costs. Notice The opposition to this motion was served and filed late on April 7, 2021, for the hearing originally set for hearing on April 16, 2021, which was then continued to April 21, 2021. (CCP § 1005(b).) In light that the motion is fully briefed and a reply was submitted, the court considers the late-filed opposition. Legal Standard Attorneys' fees are recoverable as costs under Code of Civil Procedure section 1032 when authorized b...

Excerpt: ..., inclusive, Defendants. Case No.: 20STCV40399 Hearing Date: 4/21/2021 [TENTATIVE] RULING RE: Demurrer with Motion to Strike to Complaint Demurrer is overruled. Motion to Strike is denied. I. Demurrer Over-Length Memoranda “Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pa...

Excerpt: ...rrer to Third Amended Complaint Defendant O'Gara Coach Company, LLC's unopposed Demurrer to the Third Cause of Action is sustained without leave to amend. Timely Filing A demurrer must be filed within 30 days of service of the complaint. (Code Civ. Proc., § 430.40; see CCP § 471.5 (amended complaint).) The court has discretion to consider the demurrer after this period. (Code Civ. Proc., § 473(a)(1).) Plaintiff filed the Third Amended Complain...

Excerpt: ...or the hearing on April 20, 2021. (CCP § 1005(b).) In light that the motion is fully briefed and a reply was submitted, the court exercises its discretion to consider the late-filed opposition. Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mista...

Excerpt: ...IN PART as to the second through fourth causes of action and DENIED IN PART as to the first cause of action. Evidentiary Objections (1) Cross-Complainant B.H. Real Estate, LLC's evidentiary objections to evidence provided with Cross-Defendants' motion is ruled on as follows: OVERRULED: Objections 1-9, 12. SUSTAINED: Objections 10, 11. Cross-Complainant argues that all communications in paragraph 4 of the Roshanian Declaration and after that date,...

Excerpt: ...: Demurrer with Motion to Strike Demurrer is (1) sustained with leave to amend as to the third and seventh causes of action; (2) sustained without leave to amend as to the eighth cause of action; and (3) overruled as to the sixth and eleventh causes of action. Motion to Strike is denied in part and granted in part with leave to amend. Meet & Confer Before filing a demurrer or a motion to strike, the demurring or moving party is required to meet a...

Excerpt: ...filed under seal until a court order authorizes the parties to do so. The motion to disqualify counsel is denied. I. Order to Show Cause Re: Entitlement to Proceed as Anonymous Party Discussion The court previously set an Order to Show Cause Re: Plaintiff's Entitlement to Proceed as Anonymous Party in this action, and following continuance, heard argument on February 17, 2021. On March 2, 2021, the court discharged the Order to Show Cause, and fo...

Excerpt: ...Records Notice of Motion A motion to seal records must be served on all parties that have appeared in the case. (CRC Rule 2.551(b)(2).) This action is alleged against Defendant, who has appeared, and Doe defendants. Plaintiff's motion failed to attach proof of service. On March 22, 2021, Plaintiff filed proof of service indicating service by U.S. Mail on March 16, 2021. Adding five days for service by mail, the motion was late-filed by one day. (...

Excerpt: ...ts. Case No.: 20STCV37236 Hearing Date: 4/12/2021 [TENTATIVE] RULING RE: Demurrer Demurrer is sustained with 20 days leave to amend as to the first and seventh causes of action. Demurrer is overruled as to the eighth causes of action. Meet & Confer Before filing a demurrer or a 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 or the pleading ...

Excerpt: ...nd. The Motion to Strike is denied. I. DEMURRER Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 435.5.) The moving party must identify the causes of action it believes are subject to demurrer and identify the basis of d...

Excerpt: ...s overruled as to causes of action 1, 2, 3, 5, 6, 7, 20. Causes of action 13 through 17 are ordered transferred to the Probate Department. Motion to Strike is denied in part, and granted in part without 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...

Excerpt: ...e ordered stayed pending the outcome of arbitration. The court does not reach the merits of Defendant GE Healthcare, Inc.'s demurrer. I. Motion to Compel Arbitration Plaintiff's Objections to Defendant's Evidence Plaintiff's objections to the Declaration of Victoria Del Castillo submitted with the Motion, as well as the Declaration of Victoria Del Castillo submitted with the Reply, on grounds of foundation, authentication, personal knowledge, hea...

Excerpt: ...Motion to Compel Arbitration is granted. Proceedings are stayed pending the outcome of arbitration. Requests for Judicial Notice Defendant/Cross-Complainant John Drooyan's unopposed requests for judicial notice are granted. (Evid. Code, § 452(d).) Legal Authority “A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the ...

Excerpt: ...ment Debtor's Evidence Judgment Creditors Kyle Madison and Marjan Madison (“Judgment Creditors”)'s objections to arguments made for the first time in reply are SUSTAINED. Judgment Creditors object to argument made for the first time in the Reply that the Madisons, Lyle Mink, and Pamela Wax-Semus acted together in committing fraud on the court. “The salutory rule is that points raised in a reply brief for the first time will not be considere...

Excerpt: ... Any new documents should be filed 10 days before the hearing. Legal Standard A party seeking a default judgment on declarations for an action subject to the Fair Debt Buying Practices Act, Civil Code section 1788.50 et seq., must use mandatory Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105). (CRC Rule 3.1800(a).) A party must file the following documents in support of default judgment: a brief summary of the case ide...

Excerpt: ...within 10 days. Proof of Service of Summons and Complaint The proof of service shows Defendant was personally served in Virginia on April 20, 2020. Summons on an out-of-state defendant is to be served as provided in Chapter 4 of Title 4 of Part 2 of the Code of Civil Procedure or as prescribed by the law of the place where the person is served. (CCP § 413.10(b).) Under Chapter 4, personal service is proper and complete on the day of service. (CC...

Excerpt: ...ff moves for an award of attorney's fees on appeal and fees for this motion. (Mot. at pp. 2, 9.) Defendants oppose on grounds that Plaintiff is not a prevailing party, and alternatively, on grounds that Plaintiff is not entitled to the attorney's fees requested, relying in primary part on the declaration of James P. Schratz and audit of the Plaintiff's billing submitted with the Motion. (See generally Opp.) Plaintiff on reply offered the declarat...

Excerpt: ...a complaint within 30 days of service of the complaint. (See CCP § 430.40(a).) An untimely demurrer may be considered by the court in its discretion. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.) Cross-Complainant filed the Cross-Complaint (“CC”) in this action on August 13, 2020 and Cross- Defendants Soltani and Skyview PI filed two Notice and Acknowledgement of Receipt on September 15, 2020, dated September 8, 2020. The Cross-Complaint...

Excerpt: ...PRODUCTION OF DOCUMENTS, SET ONE; MOTION TO DEEM ADMISSIONS ADMITTED The motions are each denied. Sanctions are awarded in a total sum of $1,060 against Defendant Safarian. Late-Filed Opposition Defendant served and filed a late opposition in this motion two days late, on March 15, 2021. (CCP § 1005(b).) In light of the lack of reply on this point, and in an effort to resolve the dispute before it, the court will consider the late-filed oppositi...

Excerpt: ...Code § 2699(l)(2) states: “The superior court shall review and approve any settlement of any civil action filed pursuant to this part [Labor Code Private Attorneys General Act of 2004 (“PAGA”)]. The proposed settlement shall be submitted to the [Labor and Workforce Development Agency (“LWDA”)] at the same time that it is submitted to the court.” Any settlement of any civil action filed under PAGA must be “fair and adequate in view ...

Excerpt: ...ceedings stayed pending the resolution of Defendant Life Spectacular, Inc.'s Appeal to the court's order on its Special Motion to Strike (anti-SLAPP). Plaintiff is to file proof of service of its opposition within five days. Procedural Considerations Timely Filing A party may demur to the complaint within 30 days after service, unless extended by stipulation or court order. (CCP § 430.40(a).) The court has discretion to consider an untimely demu...

Excerpt: ...al, reducing Line Item 1 (Filing Fees) by $390.00 pursuant to the parties' stipulation. Evidentiary Objections Plaintiff's objections to the declaration of Steven L. Sugars submitted with the Opposition are each OVERRULED. Legal Standard A prevailing party is entitled as a matter of right to recover costs in any action or proceeding, unless otherwise expressly provided by statute. (CCP § 1032(b).) Recoverable costs are limited to those both “r...

Excerpt: ... overruled as to the first, third, and fourth causes of action. Demurrer is sustained with leave to amend as to the second cause of action. Meet & Confer Before filing a demurrer or a 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 or the pleading that is subject to the motion to strike for the purposes of determining whether an agreement ca...

Excerpt: ...on Award is confirmed, only as to the Final Award. Plaintiffs are to submit a proposed Judgment consistent with this court's Order within 5 days. Plaintiffs' Motion for Summary Judgment is placed off calendar. Case History Plaintiffs Jose S. Diaz and Maria Elena Diaz commenced this action on January 25, 2019. On April 20, 2019, the court ordered the matter to arbitration and stayed all proceedings pending completion of the arbitration. On August ...

Excerpt: ...TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET TWO Plaintiff's motions to compel further responses by Defendant Robert Douglas Spiro as to Form Interrogatories, Set Two, and Requests for Production of Documents, Set Two, are continued to April 16, 2021. The parties are ordered to engage in a substantive meet and confer within 10 days to resolve the issues in Plaintiff's Reply and to file a joint statement which includes the disputed issues along wi...

Excerpt: ...aring Date: 3/10/2021 [TENTATIVE] RULING RE: Motion to Stay Proceedings The motion is granted. Proceedings are ordered STAYED pending resolution of the actions Hamilton v. Kors Stores (California), Inc. (C.D. Cal. Cas No. 2:19-cv-10387 DMG (KSx)) and Hamilton v. Michael Kors Stores (California), Inc. (Los Angeles Superior Court Case No. 19STCV45726). Stay of Proceedings Defendants Michael Kors, Inc., Michael Kors (USA), Inc., Michael Kors Stores ...

Excerpt: ...nd originally set for hearing on January 28, 2021. The motion on December 17, 2020, was continued to March 10, 2021. As of March 4, 2020, Plaintiff had not opposed the demurrer set for hearing on March 10, 2021. Opposition papers must be served on the demurring party and filed with the court at least 9 court days prior to the hearing, in this case, February 25, 2021. (CCP § 1005(b).) Defendant on March 4, 2020 filed a notice of non-opposition. O...

Excerpt: ...es to Form Interrogatories; (4) Defendants' Motion to Compel Further Responses to Requests for Production of Documents Plaintiff's Motion to Compel Further Responses is denied. Defendants' Motion for Protective Order is denied in part as moot and granted in part construed as a Motion to Quash Deposition Subpoena. Defendants' Motion to Compel Further Responses to Form Interrogatories is denied without prejudice. Defendants' Motion to Compel Furthe...

Excerpt: ...emurrer with Motion to Strike Demurrer is sustained without leave to amend as to the second count of the Negligence cause of action, and sustained with leave to amend as to the Trespass to Chattels cause of action. Motion to strike is denied. I. Demurrer Relevant Law A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. ...

Excerpt: ... to the second cause of action. Motion to strike is denied. I. Demurrer Request for Judicial Notice Defendant requests judicial notice of five webpages from Taco Bell's website. The requests are denied as not a proper subject of judicial notice. Defendant requests judicial notice of two Terms and Conditions documents. The requests are denied. The terms and conditions documents are not recorded documents, nor are they on a government website. Ther...

Excerpt: ...ies' Motion to Quash Service of Summons is granted. Requests for Judicial Notice Specially Appearing Defendant and Defendants' Request for Judicial Notice Specially Appearing Defendant and Defendants request judicial notice of FDA's premarket approval of a defibrillation system incorporating the Riata STS Optim Model 7120Q lead, as memorialized in: (1) the notice of Premarket Approval (Jan. 13, 2009) attached as Exhibit A to the Declaration of An...

Excerpt: ... Complaint Demurrer is sustained with leave to amend. Timely Filing A party may demur to a complaint or cross-complaint filed against them on grounds that the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e); see Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) “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 Calif...

Excerpt: ...consider the demurrer after this period. (Code Civ. Proc., § 473(a)(1).) On December 2, 2019, counsel for General Motors, LLC (“GM”) filed a declaration attesting that Plaintiff's counsel's office granted the extension of deadline to file a responsive pleading to December 2, 2019, and that the parties have not been able to meet and confer by the date for a responsive pleading. Defendant was thus entitled to the 30-day extension to file a res...

Excerpt: ...ses is denied as to Requests No. 7, 13, 17-20, 22, 26-29, 31, 46, and 64-70, and granted in part as to Requests No. 78 and 83. The motion for protective order is continued. The parties are ordered to further meet and confer and to brief the court on whether further meet and confer efforts have resulted in resolution of the issues. I. Motion to Compel Further Responses Evidentiary Objections The court rules as follows on Defendant's objections to ...

Excerpt: ...n. The motion is granted with leave to amend as to the third cause of action. Legal Standard A defendant may move for judgment on the pleadings where the complaint does not state facts sufficient to constitute a cause of action against that defendant. (CCP § 438(c)(1)(B).) A motion for judgment on the pleadings is analogous to a general demurrer. (Lance Camper Mfg. Corp. v. Republic Indemnity Co. of Am. (1996) 44 Cal.App.4th 194, 198.) Like demu...

Excerpt: ...arbitration is granted. Proceedings are stayed pending outcome of the arbitration. Legal Authority “A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.” (CCP § 1281.) When presented with a petition to compel arbitration, the trial court's first task is to determine whether the agreement...

Excerpt: .... Demurrer is sustained with leave to amend as to the fifth and seventh causes of action. Demurrer is sustained without leave to amend as to the eighth cause of action. Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 43...

Excerpt: ...; TIMOTHY THOMPSON, an individual; and DOES 1-10, inclusive, Defendants. Case No.: 20STCV08678 Hearing Date: 2/8/2021 [TENTATIVE] RULING RE: Defendants Cross Creek Media, LLC and Timothy Thompson's Demurrer to the First Amended Complaint; Defendants Cross Creek Releasing Company 1, LLC, Cross Creek Pictures, LLC, and Brian Oliver's Demurrer to the First Amended Complaint Defendants CCM and Thompson's demurrer to the FAC is overruled. Defendants C...

Excerpt: ...cation, originally set for hearing on October 16, 2020. On September 17, 2020, Plaintiff moved ex parte to continue the hearing on the motion. On September 22, 2020, the court denied the ex parte motion, and stated: “Any requests for a continuance by Plaintiff - based on the need for additional discovery - can be raised in the opposition to the motion for summary judgment.” (Minute Order (Sept. 22, 2020).) On October 2, 2020, Plaintiff filed ...

Excerpt: ...reinafter referred to as ‘Plaintiff'], a disabled Latino male, over 40, from El Salvador who was employed by Defendant BIONUTRACEUTICALS INC. [hereinafter referred to as ‘EMPLOYER'], as a laborer working in Defendant EMPLOYER's powder room who complained about and protested unsafe work conditions and mistreatment.” (SAC, ¶ 1.) Plaintiff alleges that he “was wrongfully terminated from his employment with Defendant EMPLOYER on or about Jul...

Excerpt: ...e Truck Sales, Inc. and denied against Defendant Sayda Ayala Pinto. 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 plaintiff's ...

Excerpt: ...tay Defendant Los Robles, Inc. in opposition to this motion requests without authority for the court to stay the matter pending appeal of the judgment. Generally, the award of attorney's fees is a collateral matter to the judgment now on appeal. (Serrano v. Unruh (1982) 32 Cal.3d 621, 637.) Without adequate authority or argument in support on the issue, the court proceeds to the merits of the motion. Notice The moving papers were timely and prope...

Excerpt: ...ate: 2/4/2021 [TENTATIVE] RULING RE: Demurrer with Motion to Strike Demurrer is overruled. Motion to strike is granted with leave to amend. I. Demurrer Relevant Law A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) A demurrer tests the pleadings alone and not the evidence or other e...

Excerpt: ... DOES 1-50, inclusive, Defendants. Case No.: 18STCV07476 Hearing Date: 2/3/2021 [TENTATIVE] RULING RE: (1) Demurrer with Motion to Strike to Second Amended Cross‐ Complaint by M. David Paul and Diane Paul, Co‐ Trustees of the Marcy's Paul Family Trust dated December 1, 1995; (2) Demurrer with Motion to Strike to Second Amended Cross‐Complaint by North American Title Insurance Company. Cross-Defendants M. David Paul and Diane Paul, Co-Truste...

Excerpt: ...e Agency (“Cashmere”) is a marketing company 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 employe...

Excerpt: ...rer is sustained with leave to amend as to the sixth cause of action. Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 435.5.) The demurring party must identify the causes of action it believes are subject to demurrer an...

Excerpt: ...anted. 1. Evidentiary Objections Defendant's objections to the declaration of Melanie Rivas are ruled on as follows: SUSTAINED: 5, 8-12, 14-19, 21-34, 41-43. OVERRULED: 1-4, 6-7, 13, 20, 35-40. 2. Request for Judicial Notice Defendant requests the court take judicial notice of three Notices of Ruling attaching three rulings of Los Angeles Superior Court. The unopposed request is granted. (Evid. Code § 452(d).) The court notes that it may take ju...

Excerpt: ...xisting controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.” (CCP § 1281.) When presented with a petition to compel arbitration, the trial court's first task is to determine whether the agreement exists, and, if any defense to enforcement is raised, whether it is enforceable. (Espejo v. Southern California Permanente Medical Group (2016) 246 Ca...

Excerpt: ... of Costs after Judgment filed July 21, 2020 and August 10, 2020. The requests are granted. (CEC § 452(d).) Stay Pending Resolution of Appeals The court previously requested briefing from both parties on whether the instant hearing on the motion to tax costs is to be stayed pending resolution of the appeals in this action. Both parties filed supplemental responses asserting that it does not, on different grounds. Plaintiffs assert it does not pu...

Excerpt: ...nt are stayed pending resolution of Twin Galaxies' appeal of its Special Motion to Strike (anti-SLAPP). Motion for Leave to File Cross-Complaint Defendant Twin Galaxies, Inc. on November 4, 2020 filed this motion for leave to file a cross- complaint pursuant to Code of Civil Procedure, section 426.50, on grounds that the claims are compulsory. On November 13, 2020, Defendant filed a Notice of Appeal, appealing the Order of October 26, 2020, in wh...

Excerpt: ...enied. Timely Filing A motion to set aside must be brought within 6 months; the requirement is jurisdictional. (CCP § 473(b); Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 928; Davis v. Thayer (1980) 113 Cal.App.3d 892, 901 [as used in § 473(b), “six months” means 182 days].) Defendant Thorne timely moved on November 24, 2020 to set aside the default entered against him on May 28, 2020. Legal Standard A trial court ...

Excerpt: ...Motion to strike is MOOT as to the thirteenth cause of action; GRANTED with leave to amend as to punitive damages; DENIED as to interest; and GRANTED IN PART as to attorneys' fees. 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 ...

Excerpt: ...attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.) The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action. (Id.) A general demurrer may ...