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: ...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: ...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: ...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: ...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...