Excerpt: ...n leave to add new 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 demurrer. (CCP § 430.41(a).) Defendant Nano Banc's counsel has submitted a declaration...

Excerpt: ...ates that service was made on June 28, 2021. This date appears to be a typo for the motion which was filed on July 28, 2021. The reply does not address this point made in the Opposition. The original motion showed service on Marc V. Allaria as counsel for Raven Ridge Development, Schuman, and Nielsen. The court noted the impropriety of this service at the prior hearing on August 24, 2021, ordered corrected service within one day, and continued th...

Excerpt: ...TO STRIKE (ANTI‐SLAPP) – TO FIRST AMENDED CROSS‐COMPLAINT The motion is granted as to both causes of action. Attorney's fees and costs are awarded in the reduced sum of $38,121.96. Sanctions pursuant to CCP § 128.7 are denied. Timely Filing under CCP § 425.16 A special motion to strike “may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper.” (CCP § 425....

Excerpt: ...er state judgment “on any ground which would be a defense to an action in this state on the sister state judgment . . . .” (CCP § 1710.40(a).) The motion must be made within 30 days after service of notice of entry of judgment pursuant to Code of Civil Procedure, section 1710.30, with proof of service made in the manner provided by Article 5 of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. (Id. at (b).) “Common defenses to...

Excerpt: ...anagement, Inc. only, with leave to amend; and overruled as to the third cause of action. 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 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 plea...

Excerpt: ... follows: SUSTAINED: 2, 12, 25, 27, 30, 33, 36, 38, 45. SUSTAINED IN PART: 17 (“Thus, Khajavi imperiled . . . at least in part”); 22 (“took no meaningful action to prevent the collapse of the project”). OVERRULED: 1, 3-11, 13-16, 18-21, 23-24, 26, 28-29, 31-32, 34-35, 37, 39-44, 46-49. 2. By Ahmad Keliddari and Rad-Zin Investment, LLC The evidentiary objections are ruled on as follows: OVERRULED: 1-111. Note, the court takes judicial noti...

Excerpt: ...tiff filing an amended proposed judgment limited to the relief summarized below and as demanded in the Complaint, within ten days. Declaratory Relief Plaintiff contends that it issued an automobile insurance policy number 6439-087-75A to Defendants Imtiaz Tar and Nazmira Tar on April 11, 2019, approximately one month before the alleged accident. (Compl. ¶ 9, Exh. A.) A. Alleged Accident The accident subject of this action occurred on March 6, 20...

Excerpt: ...ne 24, 2021, denied Defendant's motion to redact or seal documents. Defendant asserts entitlement to proceed anonymously in this action, which is beyond the scope of the instant motion and is not considered on this motion. Discussion Defendant moves to sever the small claims action and appeal thereof, in case Johnson v. Danon (Los Angeles Superior Court Case No. 18SMSC03542) (the “Small Claims Action”) from the instant action, Danon v. Johnso...

Excerpt: ...rovide sufficient notice under Code of Civil Procedure, section 1005(b), the opposition and reply were timely filed and served. (CCP § 1005(b).) Page Limit Initially, Defendants oppose on grounds that Plaintiff's motion exceeds the 15-page limit. (Cal. Rules of Court, Rule 3.1113(g).) The moving papers exceed the page limit seemingly due in large part to insertion of a three-page graph, which could have otherwise been included as an exhibit. The...

Excerpt: ...Plaintiffs on opposition admit that the opposition was late-served on August 18, 2021, rather than on August 17, 2021. (Tomas Decl. ¶ 5.) In light the request from the untimely filing is unopposed, and the motions are fully briefed, the court proceeds to address the merits. 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...

Excerpt: ...iff is to file a supplemental brief as discussed below within 10 days. Plaintiff to give notice. Notice Proof of service shows Plaintiff served the moving papers for this motion by mail and email on August 3, 2021 on Defense counsel. Notice 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 outside the presence of the c...

Excerpt: ...orrected proof of service of the First Amended Complaint within 10 days after the date of this order. Timely Filing A demurrer must be filed within 30 days of service of the complaint. (Code Civ. Proc., § 430.40.) The court has discretion to consider the demurrer after this period. (Code Civ. Proc., § 473(a)(1).) Plaintiff filed a proof of service showing service April 7, 2021, but this appears to refer to the original complaint in this action....

Excerpt: ... 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 deficiencies. (Id.) The moving party must file a declaration stating ei...

Excerpt: ...e: 8/24/2021 [TENTATIVE] RULING RE: Motion to Strike – to Second Amended Complaint The unopposed motion to strike is granted without 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 Second Amended Complaint on June 8, 2021, and Moving Defendants timely filed this motion to strike on June 29, 2021. Meet & Confer ...

Excerpt: ...Schuman, and Nielsen within one day and file proof thereof within five days of the date of this motion. Notice of Motion The proof of service of this motion states that service was made on June 28, 2021. This date appears to be a typo for the motion which was filed on July 28, 2021. The reply does not address this point made in the Opposition. Next, the proof of service shows service on Marc V. Allaria as counsel for Raven Ridge Development, Schu...

Excerpt: ...ow, and the deposition of Defendant Chavez. Notice of Motion The motion, opposition, and reply were each timely filed. (CCP § 437c(a)(2), (b)(2), (4). The motion was properly served by mail. However, the opposition and reply were sent exclusively by electronic mail on all parties, including Defendant Gerdes. “For cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmi...

Excerpt: ... for Judicial Notice Plaintiff's requests for judicial notice of orders in federal court cases are granted as to their existence but not the truth of their contents. (Evid. Code § 452(d).) Defendant's requests for judicial notice of orders in federal and California court cases are granted as to their existence but not the truth of their contents. (Evid. Code § 452(d).) Legal Authority “A written agreement to submit to arbitration an existing ...

Excerpt: ...stained 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 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 d...

Excerpt: ...August 19, 2021, are placed off calendar. California Rules of Court, Rule 3.1324 Plaintiff moves to amend a pleading before trial. The moving papers must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, th...

Excerpt: ... entered in this action, supporting the April 29, 2021 date of service within 10 days. Legal Standard Code of Civil Procedure, section 1710.40 provides that a judgment entered based on a sister state judgment “on any ground which would be a defense to an action in this state on the sister state judgment . . . .” (CCP § 1710.40(a).) The motion must be made within 30 days after service of notice of entry of judgment pursuant to Code of Civil P...

Excerpt: ...RIKE (ANTI‐SLAPP) – TO FIRST AMENDED CROSS‐COMPLAINT 1. The motion is continued to 09/16/21 at 8:30 am. 2. Cross-Complainant is ordered to file proof of service of the opposition no later than Wednesday, July 28, at 5:00 PM. 3. Cross-Complainant may file a supplemental opposition limited to the new arguments made by Cross-Defendants in the reply and new evidence in support thereof, only. A supplemental opposition must be served and filed pu...

Excerpt: ... Motion to Strike – Defendant Lilly Enterprises, Inc. The motion to strike is granted. Leave to amend is denied. 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 pleadin...

Excerpt: ...ed Cross‐ Complaint Demurrer is overruled in part, and sustained in part to the conversion cause of action with leave to amend. Motion to strike is granted in part with leave to amend, and moot as to the conversion 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 t...

Excerpt: ...Show Cause Re: Service of Respondent for September 30, 2021. Case Summary Petitioner petitions the court to confirm an arbitration award in the arbitration between Petitioner and Respondent before the LACBA, which resulted in an award on January 30, 2016, and served on Petitioner and Respondent on February 17, 2016. On February 16, 2021, Petitioner Quinn Emanuel Urquhart & Sullivan, LLP commenced this petition action to confirm an arbitration awa...

Excerpt: ...at the hearing on whether Plaintiffs seek consolidation for purposes of trial only, or complete consolidation of the actions, at which point the court will take the matter under submission. Relevant Law Code of Civil Procedure, section 1048 provides: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the act...