Excerpt: ...ranted with ten (10) days leave to amend. This case arises out of the parties' dispute over the real property located at 14333 Flynn Street, La Puente, California 91744 (the Subject Property). (Cross-Complaint ¶ 13.) The Cross- Complaint alleges that Cross-Complainant Wendy Avila (Avila) and her brother Cesar Avila purchased the Subject Property in 1999. (Id. at ¶ 17.) By December 2007, following a mortgage refinance and other subsequent change...

Excerpt: ...n Defendant and any health care plan or insurer, from January 1, 2017 to the present. Request No. 19 seeks a copy of each of Defendant's applications for contracts with a health care plan or insurer, from January 1, 2017 to the present. (Id. at ¶ 3, Ex. 4 [23].) Defendant served verified responses to the Requests for Production (Set One) on June 14, 2021. (Dohadwala Decl. ¶ 4, Ex. 5 [31].) Defendant objected to Requests Nos. 18 and 19 on the gr...

Excerpt: ...rt compels Plaintiff to arbitrate all claims against Defendant PAG Ontario B1, Inc. dba BMW of Ontario. The Court denies the motion to compel arbitration as to Plaintiff's claims against Defendant BMW of North America, LLC. The Court stays proceedings in this Court pending completion of the arbitration. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party t...

Excerpt: ...ery was served on February 24, 2021. Defendant's original responses were served April 27, 2021. The motion is granted as set forth below. Defendants is ordered to serve supplemental responses as to the requests for documents regarding issues pertaining to the year, make, and model of the subject automobile in California, within ten (10) days of today's date. A motion to compel further production must set forth specific facts showing good cause ju...

Excerpt: ...emurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the sufficiency of a comp...

Excerpt: ...nderstanding” (MOU), which purports to show an arbitration agreement between Defendant Hathaway Dinwiddie Construction Co. and the Southwest Regional Council of Carpenters. (Dommes Decl. ¶ 3, Ex. B [p 155].) Plaintiff objects to the MOU on the ground that it lacks proper authentication. (Evidentiary Objection No. 1.) Though the parties dispute whether the MOU has been authenticated, the Court is not required to make that determination here. �...

Excerpt: ...Christie Vargas (Plaintiff) states two causes of action against Defendants for: (1) Breach of Contract; and (2) Breach of Duty of Good Faith and Fair Dealing. The motion for summary judgment is granted. Factual Background In June 2018, Plaintiff purchased a 2017 Dodge Charger, and insured the vehicle under an automobile liability policy issued by Infinity. (SS ¶ 1-2.) The policy was in effect from June 7, 2018, to May 9, 2019. (Id. at ¶ 3.) Pla...

Excerpt: ... time limit running to file a motion for reconsideration. The ten-day time limit for a party making the motion runs from service of notice of entry of the order. (Code Civ. Proc., § 1008, subd. (a).) “A trial court may not grant a party's motion for reconsideration that does not comply with section 1008.” (Cox v. Bonni (2018) 30 Cal.App.5th 287, 312.) Plaintiff served notice of the October 8, 2021 ruling on October 12, and Defendant filed th...

Excerpt: ...rly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the sufficiency of a complaint is tested against a general demurrer ar...

Excerpt: ...to appoint counsel for Plaintiff in this action. Plaintiff is a limited partnership whose general partner, with 72% ownership interest, is New Prosperity Investment, LLC (New Prosperity). (Fu Decl. ¶ 2-3.) New Prosperity is in turn owned equally by Ohannes Georgian (Georgian) and Fu. (SAC ¶ 10.) Georgian initially retained the law firm Briggs & Alexander to represent Plaintiff in this action. (Fu Decl. ¶ 4.) On February 26, 2021, Fu executed a...

Excerpt: ...iking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) California courts are required to permit liberal amendment of pleadings in the interest of justice between the parties to an action. (Code Civ. Proc., § 473, subd. (a); Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 352.) “Public policy dictates that leave to amend be liberally gra...

Excerpt: ...o arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. §1281.2, subds. (a), (b).)...

Excerpt: ...]s a general rule, attorney fees are not recoverable as costs unless they are authorized by statute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) In a lemon law action, costs, and expenses, including attorney fees, may be recovered by a prevailing buyer under the Song-Beverly Act. (See Civ. Code, §§ 1790, et seq.) Civ. Code § 1794, subd. (d) provides: If the buyer p...

Excerpt: ... 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.) “To survive a demurrer, the complaint need only allege facts¿sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School ...

Excerpt: ...m Interrogatories, Set One. The motion is denied. Parties failing to serve timely responses to discovery requests waive any objections thereto. (Pelton v. Delta Packaging Prods. (2008) 165 Cal.App.4th 1658, 1577 n.13; see also Sinaiko Healthcare Consulting, Inc. v. Pac. Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) The Court, on motion, may relieve a party from waiver, if a subsequent response was served in substantial compliance, and ...

Excerpt: ...he legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court ...

Excerpt: ...to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the r...

Excerpt: ...ficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal...

Excerpt: ...021. Specifically, Plaintiff seeks further responses as to RFP Nos. 1, 2, 14-16, 18, 20-22, 29-33, 42-44. The motion is granted. A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasive, or contains objections. (Code Civ. Proc., § 2031.310, subd. (a).) A motion to compel further responses to requests for production “shall set forth spe...

Excerpt: ...auses of action; the demurrer is overruled as to the second, third, fourth, seventh and eighth causes of action. The motion to strike is denied. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 1...

Excerpt: ...on Hance; and Matthew Leinart (collectively, the Individual Defendants). Defendants move for summary judgment on the first, second, third, fourth, fifth, and eighth causes of action. This case arises from allegations of fraud surrounding the purchase of a property (the Property) by Plaintiffs Rachel Bloom and Daniel Gregor from Defendant the Run Group II, LLC (RGII) in December 2015. The complaint states causes of action against moving defendants...

Excerpt: ...rruled and the motion to strike is denied. Defendant is ordered to answer within ten (10) days of today's date. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is ...

Excerpt: ...and Abetting Fraud; and (3) Declaratory Relief. The demurrer is sustained in part and overruled in part. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well se...

Excerpt: ...the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court...

Excerpt: ...ed. Defendant is ordered to answer within ten (10) days of today's date. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies on...

Excerpt: ...ondent requests that the arbitration award be vacated on the grounds that the appointed arbitrator, Judge Swart, took on a separate matter involving Petitioner and Petitioner's counsel during the pendency of the arbitration, and provided late and inadequate disclosure of that matter to Respondent. The petition to confirm is granted. “The Code of Civil Procedure and the Ethics Standards impose various disclosure obligations on neutral arbitrator...

Excerpt: ...]s a general rule, attorney fees are not recoverable as costs unless they are authorized by statute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) In a lemon law action, costs, and expenses, including attorney fees, may be recovered by a prevailing buyer under the Song-Beverly Act. (See Civ. Code, §§ 1790, et seq.) Civ. Code § 1794, subd. (d) provides: If the buyer p...

Excerpt: ...murrer is overruled and the motion to strike is denied. Defendant is ordered to answer within ten (10) days of today's date. Factual Background In December 2010, SCE contracted with Defendant Herman Weissker, Inc. (HWI), an electrical infrastructure company, to erect new utility poles and transfer electric wires for a project in San Bernardino, California. (SAC ¶ 14.) As part of the initial agreement between SCE and HWI, HWI was required to main...

Excerpt: ...). Plaintiff Jose Sanchez Mendoza (Plaintiff) moves for a protective order to limit to 35 the number of requests for admission propounded by Defendants Antojitos Los Cuates and Fernando Gonzalez Zuniga (collectively, Defendants). The motion is granted in part. No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. (Code Civ. Proc., § 2033.030, subd. (a).) ...

Excerpt: ...ntional infliction of emotional distress. The demurrer is sustained as to the fifth cause of action. Requests for Judicial Notice: Defendant LA Metro (Defendant) requests judicial notice of the following: · Exhibit C: Plaintiff's claim for damages dated October 7, 2020, received by LA Metro on October 15, 2020; · Exhibit D: the notice of rejection of Plaintiff's claim for untimeliness, dated November 19, 2020; · Exhibit E: Judicial Council Ord...

Excerpt: ... In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. ...

Excerpt: ...demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the sufficiency of a com...

Excerpt: ...act; (4) Common Count for Money Had and Received. The demurrer is sustained with ten (10) days leave to amend. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is w...

Excerpt: ... arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revoca...

Excerpt: ...an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revo...

Excerpt: ...f a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. §12...

Excerpt: ...he Property). (FAC ¶ 11.) The ownership interests of Somana were as follows: Defendant Sion Nobel (Nobel) with 50%, Naser Yazmeh (Naser) with 25%, Behzad Yazmeh (Behzad) with 12.5%, and David Yazmeh (David) (collectively, Plaintiffs) with 12.5%. (FAC ¶ 12.) Water Source, LLC (Water Source) managed the Property, which was fully occupied for three years. (FAC ¶ 20.) In 2019, Nobel changed the address of Somana to his address and asserted he was ...

Excerpt: ...ction. Defendant is ordered to answer within ten (10) days of today's date. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies...

Excerpt: ...rch 05, 2021, that the motion was denied “with prejudice.” (Minute Order, dated 03/05/2021 at p. 3.) Plaintiff has not provided any grounds to reconsider or renew that motion. The language of Code of Civil Procedure section 1008, subdivision (e) makes it clear that a party's power to bring successive motions is restricted to motions that comply with Code of Civil Procedure section 1008. (See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1104.) ...

Excerpt: ...t served Plaintiff with the Deposition Notice with Requests for Production of Documents at a Deposition, with a deposition date of April 27, 2021. Requests 33-34 ask Plaintiff to produce documents relating to Plaintiff's text messages between himself, Bradford Johnson, and Greg Jowyk. (Wu Decl., Ex. A.) Request No. 73 seeks documents related to Plaintiff's disability retirement including documents sent or received from CalPERS. (Wu Decl., Ex. A.)...

Excerpt: ...SA) at his apartment through the pendency of this litigation. The motion is granted. As an initial matter, Defendants request the Court continue this motion to obtain evidence and deposition testimonies. The Court finds Defendants have failed to establish good cause for a continuance and therefore denies the request. Preliminary injunctions can only be granted after the moving party shows there is no adequate remedy at law. (Wilkison v. Wiederkeh...

Excerpt: ...ial facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the sufficiency of a complaint is tested against a gene...

Excerpt: ...gal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999...

Excerpt: ...iency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.A...

Excerpt: ...ment alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreem...

Excerpt: ...nts from selling or advertising dogs through the conclusion of this litigation. The motion is granted. Improper Request for Continuance As an initial matter, Defendants request a continuance to obtain evidence and deposition testimonies. A motion for continuance is addressed to the sound discretion of the trial court. (Link v. Cater (1998) 60 Cal.App.4th 1315, 1321.) “A party seeking a continuance . . . must make the request for a continuance, ...

Excerpt: ...at the motion seeks to compel Plaintiffs to arbitrate the tenth cause of action against Hudson. The motion is denied. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the cont...

Excerpt: ...ousness. Satisfying any one of the following is a sufficient basis for a determination that the litigant is vexatious: (1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought ...

Excerpt: ...ations Here, Plaintiffs allege that on September 15, 2015, Williams, Sevana Petrosian (Petrosian), and her associate, Salina Ranjabar (Ranjabar) met with Tonoyan, one of Defendant Wells Fargo's employees, to open a Wells Fargo accounts for Wilbur Williams M.D., Inc. (SAC ¶¶ 13-18.) Williams asked Wells Fargo to make Petrosian, Ranjabar, Mehrabian, and Palmer (Petrosian Defendants) authorized signatories on the accounts. (SAC ¶¶ 16-18.) Mehrab...

Excerpt: ...rt will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the su...