Excerpt: ...was the direct cause of the negligence. However, if this case is solely based on notice, then the information is relevant. 3. Grant. The court will not allow evidence of insurance, Medicare, or Medi- cal reimbursement rates as evidence of the reasonable costs of medical services. Defendant's Motions in Limine 1. Grant. If there is no claim for loss of wages, then the issue of loss of wages should not be brought up by anyone. 2. Grant. There shall...

Excerpt: ... not being relevant. Introduction Plaintiff Bryant Marin (Plaintiff) moved for attorneys' fees, costs, and expenses against Defendant FCA US LLC (Defendant). (Civ. Code, sec. 1794(d).) Plaintiff requested fees in the total amount of $119,463.75; costs in the amount of $11,514.72, and expenses in the total amount of $525.00. The $119,463.75 in attorneys' fees includes: (1) a 1.5 multiplier of $74,642.50, making fees add up to $111,963.75; and (2) ...

Excerpt: ...nto issue the first cause of action (COA) for declaratory relief and the second COA for breach of the covenant of quiet enjoyment. Discussion At the prior demurrer to the original complaint heard on January 10, 2024, the Court sustained the demurrer and required Plaintiff to amend the pleading to add factual allegations regarding an actual controversy under the declaratory relief COA and to add factual allegations regarding the alleged misconduct...

Excerpt: ...chael Eames' Request for Judicial Notice is GRANTED but not as to hearsay or facts in dispute. Plaintiff Alexander C. Baker's Request for Judicial Notice is GRANTED but not as to hearsay or facts in dispute. Introduction Defendants PEN Music Group, Inc. (PEN) and Michael Eames (Eames) (collectively, Defendants) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiff Alexander C. Baker's (Plaintiff) Thir...

Excerpt: ...nificant damage to their home. Plaintiffs had an insurance policy with and contacted their insurer, Defendant Amguard (erroneously sued as Berkshire Hathaway Guard) ("Defendant"), regarding coverage for their covered losses in their home. After reporting their claim, Plaintiffs waited nearly three months to receive a payment of $83,087.99. (FAC, 15.) However, Plaintiffs' estimates were much higher, including one from Westland Contract...

Excerpt: ... corporation (the "Lewitt Hackman Defendants") move the court for an order striking the Complaint for Malicious Prosecution filed by Plaintiffs Reuven Justin Cypers aka Rory Cypers ("Cypers") and Residual Income Opportunities, Inc. ("RIO")(collectively, "Plaintiffs"). Discussion The operative Complaint comprises of a sole cause of action for malicious prosecution. As to Plaintiffs' sole cause of action, an acti...

Excerpt: ...agraphs 1, 31, 43, and 45 and paragraphs 7 and 8 of the Prayer for Relief or Plaintiffs' claims to Declaratory Relief, Injunctive Relief, and Punitive Damages. The opposition was due April 4, 2024 and none was filed. Discussion Previously at the hearing on the demurrer to the original complaint, the Court sustained the demurrer to the third cause of action (COA) for declaratory relief. The Court granted leave to amend the third COA. However, Plai...

Excerpt: ... moved to compel arbitration and to stay Plaintiff Sherwin Partowashraf's (Plaintiff) action. Defendant requested judicial notice of Plaintiff's Complaint. Discussion In deciding a motion to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement . (Hyundai Amco America, I...

Excerpt: ...xistence and not as to any hearsay or facts in dispute. Cross-Complainants' request for judicial notice is GRANTED only as to Exhibits 11 and 12 and DENIED as to the remainder. Introduction Cross-Defendant Karen Dr LLC (LLC) moves for summary judgment or alternatively for summary adjudication against the Third Amended Cross- Complaint (TAXC) filed by Cross-Complainants RICHARD KHATIBI, an individual, d.b.a. RICH ESTATE PROPERTIES (“Richard�...

Excerpt: ...ED. Plaintiff Shelly Hart's Request for Judicial Notice is GRANTED but only as to the existence of the documents and not as to hearsay and facts in dispute. Introduction Plaintiff Shelly Hart (Plaintiff) demurred to Defendants LPF Triana LLC (converted from LPF Triana, Inc. (Triana Inc.)) (Triana LLC), LaSalle Investment Management, Inc. (LIMI), and Kyle Dupree's (Dupree) (collectively, Defendants) Verified Amended Answer (Answer) filed on Octobe...

Excerpt: ...s for an improper purpose including harassment, causing unnecessary delay, and needlessly increa sing the cost of litigation, and on the basis that leave to intervene was falsely requested by Superior Life Finance and its counsel as a way of inserting Superior Life into the case for the purposes of delay and harassment, including filing an appeal (which it did as an intervenor) and attempt to stay the action. Among other things, Superior Life was...

Excerpt: ...swers, privilege log and production are due within 20 days. The Court orders monetary sanctions against defendants and their counsel, Harrington, Foxx, Dubrow & Canter, LLP, jointly and severally, in the sum of $2,346.66 pursuant to CCP section 2023.030, payable to the Client Trust Account of Effres & Effres, LLP, 5115 Clareton Dr. Suite 110, Agoura Hills, CA 91301 by 5/11/2024. Introduction Plaintiff Joshua Tipton moves to compel further respons...

Excerpt: ...M" or "Defendant") based on substantial defects and non -conformities to warranty, including but not limited to serious battery defects, in her new leased 2021 Chevrolet Bolt. The operative Second Amended Complaint ("SAC") alleges causes of action for fraud concealment, violations of Business & Professions Code §17200, and three causes of action for violations of the Song - Beverly Act. Discussion GM demurs to first and secon...

Excerpt: ...dispute. Introduction Defendant Peggy Nipar, Trustee of the Charles A. Orwick, III Trust of 2001 and the Charles A. Orwick Charitable Remainder Trust (Defendant or Orwick) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiff Tom Gr immett, trustee of JP's Nevada Trust's Second Amended Complaint (SAC). The MSJ/MSA placed into issue the first cause of action (COA) for fraud, the fourth COA for declarat...

Excerpt: ...of allegations of an unhabitable apartment unit. On or about September 28, 2015, Plaintiff Barnett ("Plaintiff") moved into Apartment 312, where she later experienced a cockroach infestation not caused by her actions. (Complaint 12 -13.) This infestation led Plaintiff to develop severe itchiness and rashes (Complaint 14) and to discard many personal items (Complaint 15.) Despite reporting the issue and requesting professional pest control...

Excerpt: ...aintiff Elshir Enterprises, LP's (Plaintiff) First Amended Complaint (FAC) for Unlawful Detainer (UD.) Elshir Enterprises, LP is now named as plaintiff in the FAC, replacing CaliTex, LLC. Defendant further moved to strike Plaintiff's entire FAC, as well as, FAC pars. 1, 4, 6(4), 6(d), 9(1), 12, 10(3), and the verification. The Court considered the demurrer, the motion to strike, and the joint opposition to the demurrer and motion to strike. A rep...

Excerpt: ...a Corporation (N TICA), Nikoo Inc. (Nikoo), and Omid S. Ahmadabadi (Ahmadabadi) (collectively, Plaintiffs) verified First Amended Complaint (FAC). Alternatively, Defendant moved to reclassify the FAC as a small claims case or limited jurisdiction case. Procedure Plaintiffs argued that the alleged contracting, “Go Daddy Inc.,” (who is not a party to this action) was not incorporated in 2005, either in Arizona or Delaware. However, Plaintiffs d...

Excerpt: ...es of action. Defendant Sober Souls, Inc., Audy Harman, and Jonathan Chang's Motion to Strike is DENIED as to punitive and exemplary damages under the sixth and seventh causes of action, and treble damages under Code of Civil Procedure, sec. 1029.8(a) and MOOT as to sta tutory damages and attorneys' fees under the fourth and fifth causes of action. Defendant Sober Souls, Inc., Audy Harman, and Jonathan Chang's Request for Judicial Notice is GRANT...

Excerpt: ... (collectively, Defendants) demurred to Plaintiff Danielle Zamorano's (Plaintiff) First Amended Complaint (FAC). Defendants placed into issue the first cause of action (COA) for violation of the Consumer Legal Remedies Act (CLRA), Civil Code sec.1750 et seq; the second COA for violation for the Unfair Competition Law (UCL) Business and Professions Code sec. 17200; and the third COA for negligent misrepresentation. Discussion Defendants argued tha...

Excerpt: ....00 in fees; $874.24 in costs and expenses, and a 0.3 multiplier o r $23,474.40. An opposition was due March 5, 2024 and the Court file reflects that none was filed. Plaintiff's reply further asserted that no opposition was filed. Plaintiff's request for judicial notice is DENIED as not being relevant. Plaintiff asserted entitlement to attorneys' fees as the prevailing party per Civil Code section 1794(d). The statute provided in pertinent part t...

Excerpt: ...as Michael Avsharian. Plaintiff filed an opposition and Defendants filed a reply. Discussion Defendants requested attorneys' fees based upon the Lease's attorneys' fees provision. (Gouloomian Decl. Exh., 1, par. 31.) The parties are not in dispute that Defendants are the prevailing parties. Plaintiff argued that the reasonable hourly rate is ex cessive because the case was not complicated, pretrial hearings/motion work was not extensive, experts ...

Excerpt: ...ents Kassi Vegas LLC, Kingswood LLC and Wish You Were Here LLC to produce the documents requested with Custodian of Records Declaration in accordance with the subpoenas within 10 days. DEFINITIONS 1. “LIBERTY” shall mean The Liberty Company Insurance Brokers, Inc. and/or The Liberty Company Insurance Brokers LLC, their agents, employees, investigators, consultants, contractors, experts, attorneys, and/or any and all other persons or entities ...

Excerpt: ...Hayvenhurst, LLC (collectively, Defendants) moved to compel arbitration and stay Plaintiff Linda Nguyen's (Plaintiff) a ction. Defendant requested attorneys' fees and costs per the arbitration agreement and/or monetary sanctions per Code of Civil Procedure sections 128.5 and 128.7 in the amount of $7,586.65. Plaintiff's Opposition requested monetary sanctions per Code of C ivil Procedure section 128.7 in the amount of $4,800.00. This matter was o...

Excerpt: ... Vladislav Shuliko's interest in both LA Dorm LLC and W-Stands Inc. is GRANTED. Introduction Plaintiff/Judgment Creditor Julia Gandelsman (Plaintiff) filed an amended motion for an assignment order and a charging order to enforce the judgment entered against Defendant/Judgment Debtor Vladislav Shuliko (Defendant). Plaintiff requested an assignment order and a charging order as to Defendant's interest in any monies paid by LA Dorm, LLC and W -Stan...

Excerpt: ...ond COA for premise liability, and the third COA for “business proprietor's or property owner's liability for the criminal conduct of others”. Discussion At the prior demurrer to the First Amended Complaint (FAC), the Court identified two pleading defects that needed to be cured. Plaintiff sufficiently clarified that the attack occurred on the sidewalk and two dogs (Pit Bulls) came from Defendants' property/parking lot wherein one dog bit Pla...