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: ...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...