Excerpt: ... is denied without prejudice. Timely Filing; Notice of Motion Plaintiff filed and served a Notice of Entry of Judgment on October 2, 2020. (Cal. Rules of Court, Rule 8.104.) Plaintiff properly filed this motion for fees on December 1, 2020, within the time for filing a notice of appeal under California Rules of Court Rules 8.104. (Cal. Rules of Court, rule 3.1702(b)(1).) The Proof of Service of this motion shows service by mail and email on Decem...

Excerpt: ... Defendants. Case No.: 20STCV35987 Hearing Date: 1/14/2021 [TENTATIVE] RULING RE: Defendant Property Work, LLC and Hong Chul Park's Motion to Compel Arbitration The motion to compel arbitration is denied. 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....

Excerpt: ...n Plaintiff, who owns the real property located at 13274 Fiji Way, Marina del Rey, CA 90292, and Marina Brokerage Partners, Inc. as tenant (“Tenant”). (Compl. ¶¶ 7, 8, Exh. 1.) The Office Lease contained a Guaranty with Defendants as Guarantors. (Id. ¶ 9, Exh. 1.) Plaintiff and Tenant made a written First Amendment to the Office lease on August 8, 2016, and Defendants reaffirmed the Guaranty of the Lease as amended. (Id. ¶ 10, Exh. 2.) Te...

Excerpt: ...ary 15, 2021 at 8:30 am. The court will hear oral testimony at the evidentiary hearing. Hearing on the instant motion is continued pending the outcome of the evidentiary hearing. Evidentiary Objections Declaration of Maria Martinez Defendant's objections to the declaration of Maria Martinez are overruled. Declaration of Odie Tollefson Plaintiff objects to portions of Ms. Tollefson's original declaration attesting to the originally- asserted Depar...

Excerpt: ...ent Plaintiff's application for default judgment is granted in part against Defendant Juice Delight, Inc. only, for the following amounts: Principal Damages of $19,350; Prejudgment Interest of $4,907.80; and Costs of $939.51. Discussion 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....

Excerpt: ...r this action in the amount of $2,932.10. Legal Standard Interpleader is proper whenever double or multiple claims are asserted by two or more persons such that they may expose the person against whom the claims are asserted to double or multiple liability. (CCP § 386(b).) “The true test of suitability for interpleader is the stakeholder's disavowal of interest in the property sought to be interpleaded, coupled with the perceived ability of th...

Excerpt: ...G RE: Demurrer with Motion to Strike to Complaint The Demurrer is overruled. The Motion to Strike is denied. I. DEMURRER Relevant Law A demurrer for sufficiency tests whether the pleading states facts sufficient to constitute a cause of action. (CCP § 430.10(e); Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Powe...

Excerpt: ...seventh cause of action and corresponding prayer, with leave to amend. Legal Standard Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (CCP § 435(b)(1); CRC Rule 3.1322(b).) The court may, in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed...

Excerpt: ...ult against Defendant Adela Gregory aka Adela Gregory Ohanesian is granted. Motion to Quash Service of Summons is denied. Defendant is to file a responsive pleading or motion within fifteen days of this order. The Order to Show Cause hearing re: Default is placed off calendar. I. Motion to Vacate Default / Quash Service of Summons Discussion Timely Filing A motion for relief pursuant to CCP § 473(b) must be filed within six months of the entry o...

Excerpt: ... Motion for Judgment on the Pleadings Defendants' motion is granted with leave to amend. Meet and Confer Before filing a motion for judgment on the pleadings, the moving party must meet and confer, in person or by telephone, with the party who filed the pleading subject to the motion, to determine if an agreement can be reached that resolves the claims to be raised in the motion. (CCP § 439(a).) The moving party must file a declaration stating e...

Excerpt: ...net Randolph and Hon. Judge Milton's Motion for Summary Judgment is granted. Background At the prior hearing on November 18, 2020, with reference to the court's tentative ruling to place the summary judgment motion off calendar as moot, Moving Cross-Defendants Judge Milton and Janet Randolph contended that the motion was not moot, relying on Cravens v. State Bd. of Equalization (1997) 52 Cal.App.4th 253. Moving Cross-Defendants' point is well tak...

Excerpt: ... is ordered to file and serve the amended complaint within 10 days of this order. Defendant's Demurrer with Motion to Strike is moot. Motion for Leave to File Second Amended Complaint Notice of Motion “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (CCP § 1005(b).) “All papers opposing a motion so noticed shall be filed with th...

Excerpt: ...LC's Demurrer to the Third Cause of Action is sustained, with 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).) The instant demurrer and motion to strike were filed on September 3, 2020. Plaintiff has filed proof of service by mail...

Excerpt: ...Moshe within 10 days. An Order to Show Cause Re: Reconsideration of Order is set for December 7, 2020. Plaintiffs to give notice. Motion to Set Aside Dismissal Legal Standard A trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. (CCP § 473.) However, that discretion can be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the ti...

Excerpt: ...ponse and/or objection within 15 days. New Evidence with Reply Defendant Pilgrim Place in Claremont (“Pilgrim Place”)'s Declarant Odie Tollefson is the Vice President of Human Resources of Defendant since 2017, and was Defendant's Director of HR since July 2, 2014. (Tollefson Decl. ¶ 2.) Defendant's motion to compel arbitration asserted that Defendant distributed an Handbook in 2016 and the Arbitration Agreement here in dispute at a Grounds/...

Excerpt: ...Beverly Act “shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794(d).) In an action under the Song-Beverly Act, the trial court makes an initial determination ...

Excerpt: ...itration and Stay Proceedings is granted. Proceedings are stayed pending the outcome of arbitration. Evidentiary Rulings Plaintiff's Objections to Declaration of Tyler Weight Plaintiff's objections are each overruled. Defendants' Objections to Declaration of Kevin Gabagizadeh Defendants' objections are each overruled. /// /// Legal Standard “A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising...

Excerpt: ...fifth, eighth, ninth, and tenth 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 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....

Excerpt: ...laration as discussed below within 15 days. Case Background Plaintiff Lalezary Law Firm, LLP filed this action in Interpleader pursuant to CCP § 386(b) on October 31, 2018. Defendant Key Health Medical Solutions, Inc. has answered the Complaint. Default was entered against Defendants Stewart Chiropractic Corp., TSH, Inc., and Precise Imaging on March 25, 2019. On September 11, 2020, Plaintiff filed this Motion for Discharge of Lalezary Law Firm,...

Excerpt: ...Joinder to Motion The Motion to Compel Arbitration is granted. Joinder to the Motion to Compel Arbitration is granted. Proceedings are stayed pending the outcome of arbitration. I. Motion to Compel Arbitration Evidentiary Objections Plaintiff's Objection to Defendants' Supplemental Evidence Plaintiff's objections to the Declarations of David Krupczak and Mayra Gudiel are each OVERRULED. Defendants' Objections to Plaintiff's Evidence Defendants' o...

Excerpt: ...POSING PARTY (IES ): Defendants  NOTICE SUFFICIENCY : Okay  RECOMMENDATION (S): Grant *COUNSEL – YOU CANNOT SUBMIT ON THE TENTATIVE PRIOR TO THE HEARING* Superior Court of California County of Los Angeles Department 36 BV GLENDORA, LLC, Plaintiffs, v. PALO PLESNIK and CRYSTAL PLESNIK, Defendants. Case No.: 20STCV30885 Hearing Date: 11/5/20 [TENTATIVE] RULING RE: Plaintiff's Motion for Preliminary Injunction Plaintiff's Motion for Prelimin...

Excerpt: ...nti‐SLAPP) Defendant Life Spectacular, Inc.'s Special Motion to Strike (anti-SLAPP) pursuant to Code of Civil Procedure, section 425.16 is denied. Defendant is ordered to file proof of service of this motion on Plaintiff. Procedural Considerations 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....

Excerpt: ...to the documents' existence, but not as to any hearsay. Defendants' request for monetary sanctions is DENIED. Legal Standard Transferring Venue California Code of Civil Procedure section 397 states, in relevant part, that, “[t]he court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the proper court.” A party moving to change venue based on California Code of Civil Proced...

Excerpt: ...to Plaintiff's first cause of action for breach of contract. The motion is granted as to Plaintiffs' second cause of action for breach of the implied covenant of good faith and fair dealing and claim for punitive damages. Objections Plaintiff objects to evidence submitted by USAA in support of its motion for summary judgment, or in the alternative, summary adjudication. The court rules as follows: Sustain: 1, 2 Overrule: 3, 4, USAA objects to evi...

Excerpt: ..., Alternatively, Adjudication Defendants' Motion for Summary Adjudication is GRANTED in part as to Plaintiff's First, Sixth, Eleventh, and Seventeenth causes of action, and DENIED in part as to Plaintiff's Eighteenth cause of action. Timely Filing A motion for summary judgment must provide the opposing party 75 days' notice, increased to 80 days if mailed to an address within California. (CCP § 473c(a)(2).) Defendants served their notice of moti...

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. ...