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: ...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: ...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: ...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...

Excerpt: ... (Plaintiff) First Amended Complaint (FAC). The demurrer placed into issue all six causes of action (COA) for business disparagement, interference with contract, libel, breach of contract, breach of implied covenant of good faith and fair dealing, and unjust enrichment. Defendant's Reply was due March 5, 2024 but none was filed. Discussion Defendant argued that the first COA for business disparagement and the third COA for libel failed to plead a...

Excerpt: ...lely against Defendant Zak & Associates. The OSC is set for _____________, 2024. Introduction Defendants Zina Tehrani, Reza Tehrani -Tak, and Tak & Associates (collectively, Defendants) moved for leave to file the Proposed Cross -Complaint (PXC) against two of the four Plaintiffs – Myriam Gisela Flores and Jacob Santiago Danel (collectively, Plaintiffs). Plaintiffs' opposition was due on February 28, 2024 and none was filed. Defendants filed a ...

Excerpt: ...Christian Lopez, Amador Amas, Natalie Nunez, Raymundo Flores, and Sabino ( also include last name for Sabino.) This is not a class action. Monetary sanctions in the sum of $1,260 are awarded in favor of plaintiff Adriana Soto against defendant Puretek Corporation and its lawyers, Mohajerian APLC, jointly and severally, for advising it to not further respond, pursuant to Section 2030.300(d) an d 2023.010, discovery abuse without substantial justif...

Excerpt: ...se liability. Defendant further requested judicial notice (RJN) of the pleadings filed in this action. It is noted that Defendant's RJN incorrectly identified Plaintiff's “Unverified First Amended Complaint” but attached the Complaint, which is the operative pleading. The Court presumed the RJN had a typographical error and the RJN was to the operative pleading – the Complaint. Discussion Defendant argued that there is no triable issue of m...

Excerpt: ...ALO LLP, 30 Corporate Park, Suite 100, Irvine, CA 92606 pursuant to CCP section 2023.010 and 2030.290(c), discovery abuse without substantial justification. Introduction Defendant Jeffrey Albright (Defendant) moved to compel responses to Special Interrogatories, Set One, (SI) from Plaintiff Tamara Levine (Plaintiff). Defendant also requested $2,560.00 in monetary sanctions against Plaintiff and Harry Nalbandyan and Lowell Steiger (collectively, C...

Excerpt: ...ssal. Introduction Defendants Ford Motor Company (FMC) and Harper Motors (Harper) (collectively, Defendants) demurred to Plaintiff Adrine Van Diermen's (Plaintiff) Complaint. Defendants placed into issue the sixth cause of action (COA) for “fraudulent inducement – concealment” against FMC, and the fifth COA for negligent repair against Harper. The fifth COA is the only COA alleged against Harper. Discussion FMC argued that the fraudulent in...

Excerpt: ...ty. Discussion Creditor requested that the ORAP Lien against Debtor's personal property be extended for six months, so as to expire on August 20, 2024. (Code Civ. Proc., sec. 708.110(d).) Creditor asserted that the extension is necessary because the Debtor is being evasive with his assets. Creditor asserted that a risk exists that Creditor will transfer assets to third parties if the ORAP Lien is allowed to expire. On these grounds, there is suff...

Excerpt: ... with no opposition. There was no evidence provided of what counsel did wrong to justify sanctions. The court orders that by 3/30/2024, Hyundai Motor America is ordered to pay $1,860 to the Client Trust Account of Law Offices of Jon Jacobs, One Ridgegate Dr., Suite 245, Temecula, CA 92590 pursuant to CCP section §2025.450(c)(1), discovery abuse without s ubstantial justification. The court orders that defendant produce one or more persons who ar...

Excerpt: ...intiff's home. (Code Civ. Proc., sec. 526(a)(2) and (3).) Plaintiff argued that Defendants do not have a valid Business Tax Registration Certificate issued by the City of Los Angeles. (Los Angeles M un. Code, sec. 21.03.) Discussion A preliminary injunction is authorized when the Complaint sets forth a cause of action for injunctive relief or to maintain the status quo until judgment. (Code Civ. Proc., sec. 526(a)(1) -(3).) Plaintiff's Complaint ...

Excerpt: ... to Costs & Expenses and the Cost Memo ONLY is CONTINUED to __________________, 2024. Defendant Ford Motor Company is allowed to file/serve a Response to Plaintiffs Martha Michel -Aquino and Pedr o Aquino's Reply filed on February 23, 2024. Defendant Ford Motor Company is ORDERED to file and serve the Response to the Reply five court days prior to the new hearing date. No other briefs are permitted. Introduction Plaintiffs Martha Michel -Aquino a...

Excerpt: ...led Defendant Church's objections are sustained. Introduction Defendant and Cross -Defendant US Bus Charter & Limo Inc. (Coachways) moved for leave to file Cross - Complaints in three actions (Mejia v. Transit Systems Unltd., Inc. - Case No. 20STCV41653; Urciel v. Transit Systems Unltd., Inc. - Case No. 20STCV39458; and Lemus v. Rodriguez - Case No. 19STCV44511) aga inst Cross-Defendants The Universal Church, Inc. and also sought to add non -part...

Excerpt: ...smissal of the action. Discussion The motion failed to attach a proof of service. However, Defendant filed an opposition addressing the merits of the motion. Despite the failure to submit a proof of service, the Court consider the motion because Defendant addressed the merits of the motion. The motion cited to a declaration from Attorney Andrew Williams but failed to file the declaration. Without Mr. Williams' declaration, there is no admissible ...

Excerpt: ...n Dr LLC. Introduction Cross-Defendants AEK Global Investments, LLC, Ebrahim Khatibi, Aliasghar Khatibi, Ali Sepehr, and Shokrieh Mohammadzadeh (collectively, Cross -Defendants) moved for their expenses, including attorneys' fees and costs, pursuant Code of Civil Procedure sectio n 128.5 [all subsequent statutory citations are to the Code of Civil Procedure, unless otherwise noted] in the amount of $5,894.00 against Cross-Complainants Melica Khat...

Excerpt: ...OA for negligence, and the fourth COA for nuisance. Discussion Defendant argued that the first and second COAs are contract claims. Defendant asserted that Plaintiff is required to plead whether the contract is written, oral, or implied and either attach the contract or plead the terms verbatim. The implied covenant s of habitability and quiet enjoyment are implied in residential leases. The habitability COA can either be based upon contract or t...

Excerpt: ...ing arbitration. Arbitration Status Conference is set _______________, 2024 at 8:30 a.m. in Dept. T. Introduction Defendants CVS Pharmacy, Inc. (CVS) and Alexandra Drebskaya (Drebskaya) (collectively, Defendants) moved to compel arbitration and dismiss Plaintiff Betty Nabizadeh's (Plaintiff) Complaint. Defendants CVS Rx Services, Inc.; CVS Health Corp.; Caremark, LLC; and Garfield Beach CVS, LLC (collectively, Joinder Defendants) requested to joi...

Excerpt: ...ses of action are adjudicated in favor of Defendants James Jaehyung Lee and James Jaehyung Lee, DDS, Inc. Defendants James Jaehyung Lee and James Jaehyung Lee, DDS, Inc.'s Request for Judicial Notice is GRANTED. Plaintiff Topanga & Victory Partners, L.P.'s request for a continuance is DENIED. Evidentiary Objections are ruled on separately. Introduction Defendants James Jaehyung Lee (Lee) and James Jaehyung Lee, DDS, Inc. (Lee Inc.) (collectively,...

Excerpt: ...Complainant Aurel Bunduchi (Cross -Complainant or Bunduchi) moved for leave to amend the Cross -Complaint filed against Cross -Defendant Svetlana Strashko (Cross -Defendant or Strashko). Discussion The motion itself must state what allegations in the previous pleading are proposed to be deleted and what allegations are proposed to be added to the previous pleading, and where, by page, paragraph, and line number, the deleted or additional allegati...

Excerpt: ...Defendants Ahron Zilberstein (Zilberstein) and 72 Van Nuys, LLC (72 Van Nuys) (collectively, Defendants) demurred to Plaintiff Levi Strauss & Co.'s (Plaintiff) First Amended Complaint (FAC). Defendants' demurrer placed into issue the first cause of action (COA) for declaratory judgment against the “Litigation Partnership”, the second COA for modification of judgment to add judgment creditors against “Alter Ego Partnership”, and the third ...

Excerpt: ...nd Melica Khatibi's request for a continuance is DENIED. Introduction On March 24, 2023, Cross -Defendant Shabnam Akhoundzadeh (Shabnam or Cross -Defendant) moved for summary judgment (MSJ) or alternatively for summary adjudication (MSA) against Cross -Complainants Richard Khatibi (Richard), Faezeh Afchehe (Faezeh), and Melica Khatibi's (Melica) (collectively, Cross- Complainants) Third Amended Cross-Complaint (TAXC). The MSJ/MSA specifically mov...

Excerpt: ...nt, account stated, and goods sold and delivered) and two affirmative defenses (AD) in the Answer (i.e., tenth AD for “p enalty” and eleventh AD for “no interest”). A reply was due February 7, 2024 and none was filed. Procedure Defendant's argument as to the tenth and eleventh AD for “penalty” and “no interest” are not proper for a motion for judgment on the pleadings because “a complaint cannot be attacked by reference to matte...

Excerpt: ... action (COA) for negligence and the second COA for intentional tort. Discussion Plaintiff submitted to some of the arguments in the motion and requested leave to amend the defects in the pleading. (See Notice to Opposition, pg. 1:22-23.) Plaintiff submitted to City's argument regarding the FAC's failure to identify the statutory grounds for liability; the City's argument as to direct liability; and the non-existence of a statute for a claim of n...

Excerpt: ...due 5 court days prior to the new hearing date. Introduction Defendants Sky Zone, LLC and SZ Socal, LLC dba Sky Zone Van Nuys, fka SZ Van Nuys Capital Partners, LLC erroneously named/served as 7741 Hayvenhurst, LLC (collectively, Defendants) moved to compel arbitration and stay Plaintiff Linda Nguyen's (Plaintiff) action. Defendant requested attorneys' fees and costs per the arbitration agreement and/or monetary sanctions per Code of Civil Proced...

Excerpt: ...efendant) demurred to Plaintiff Tony Robert Tawil's (Plaintiff) Complaint. Defendant's demurrer placed into issue the first cause of action (COA) for fraud and deceit and the second COA for breach of the implied covenant of good faith and fair dealing. Defendant concurrently moved to strike the request for punitive damages and allegations referring to three online complaints by unknown persons not parties to this action (Compl. par. 47). Discussi...

Excerpt: ...Help All Inc. dba Nonprofit Alliance of Consumer Advocates and Defendant The REO Group, Inc.'s Motions to Compel Arbitration and Stay the Action are MOOT and taken OFF-CALENDAR. Introduction Plaintiff Gina Watson (Plaintiff) moved for leave of Court to file the Proposed Second Amended Complaint (Motion for Leave). Non-Party Serve All, Help All Inc. dba Nonprofit Alliance of Consumer Advocates (NACA) filed an Opposition to the Motion for Leave. De...

Excerpt: ...dgment on the pleadings against Plaintiff Lori Murphy's (Plaintiff) First Amended Complaint (FAC). Defendant placed into issue the only cause of action (COA) for “intentional tort.” Plaintiff's opposition was due January 25, 2024 and none was filed. Discussion Preliminarily, the Court noted that Plaintiff cured the pleading identified in the Court's September 13, 2023 Order on the Motion for Judgment on the Pleadings against the original Comp...

Excerpt: ...is limited to curing the pleading defects identified and not to add new causes of action. Introduction Defendants Hyundai Motor America (HMA) and Van Nuys-H, Inc. dba Keyes Hyundai of Van Nuys (Keyes) (collectively, Defendants) demurred to Plaintiff Liel Levi's (Plaintiff) Complaint. The demurrer placed into issue the second cause of action (COA) for negligent misrepresentation, fourth COA for strict liability, fifth COA for production liability,...

Excerpt: ...identiary Objections As the ruling on the objections does not affect the outcome in this matter, the objections are overruled. Introduction Defendants Arthur Minassian, as Special Administrator and Trustee (Arthur ), and Madelene Minassian (Madelene) (collectively, Defendants) moved to set aside their defaults in this action filed by Plaintiffs Aida Galstian Norhadian (Norhadian) and Seda Galstian Aghaian (Aghaian), as individuals and as trustees...

Excerpt: ...t cause of action (COA) for negligence, the second 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 Defendant...

Excerpt: ...sion Before the burden shifts to Plaintiff to oppose the motion, Defendant must initially prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Valsan Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 817.) Defendant argued that Plaintiff should be compelled to arbitration and the action be stayed based upon the Retainer Agreement's arbi...

Excerpt: ... intentional misrepresentation, 2) cancellation of instrument, 3) slander of title, 4) quiet title, 5) negligence, and 6) monies had and received. The reply to the MSJ/MSA was due on January 26, 2024. However, none was filed by Defendant. Procedure The Notice to the MSA failed to identify the “specific cause of action, affirmative defense, claims for damages, or issues of duty” sought to be adjudicated. (Cal. Rules of Court, rule 3.1350(b).) ...

Excerpt: ...13/2023 are stricken on the grounds that the complaint in intervention was never filed, nor was it served on the parties sued. Superior Life has no standing in this case. FUTURE ORDER TO SHOW CAUSE RE MONETARY SANCTIONS: The court sets an OSC on _______________ at 8:30 a.m. in Dept. T why monetary sanctions of $5,000 should not be issued against Superior Life Finance and its counsel of record - Benjamin Fliegel (SBN 277940), Daniel Ahn (SBN235023...

Excerpt: ...ly, Plaintiffs) Complaint. Procedure Defendant asserted that the opposition was untimely and it should not be considered. The opposition was to be filed/served within 15 days after service of the motion. (Cal. Rules of Court, rule 3.1342(b).) The opposition was filed/served on January 12, 2024, which is 30 days after the December 13, 2023 filing/service date of the motion. However, Defendant presented no legal authority which requires the Court t...

Excerpt: ...only does defendant use boilerplate language in its response to the RFPs and the responses were not Code compliant, the separate statement also is boilerplate itself. Monetary sanctions are awarded to plaintiff pursuant to CCP section 2023.030 against defendant Volkswagen Group of America, Inc. in the sum of $2,500 payable to the Client Trust Account of Strategic Legal Practices A Professional Corporation, 1888 Century Park East, 19th Floor, Los ...

Excerpt: ...ates of availability to reschedule the IME with Dr. Nelson.” At 11:13 am on November 27, 2023, Shraddha D. Friend, identifying herself as the legal assistant to Sayyora Badalbaeva, Esq., attorney of record for Walmart, sent an email providing the response from Dr. Nelson's office: “To allow the patient time to recover from this surgery, I can reset the IME for 1/23/24 at 2:00 pm.” (See Exhibit C.) About thirty minutes later, the undersigned...

Excerpt: ...oduction Defendants Tarzana Health Systems, LLC (THS) and Peter Brugetti (Brugetti) (collectively, Defendants) demurred to Plaintiff Sharon Lodin's (Plaintiff) Second Amended Complaint (SAC). The demurrer placed into issue the first cause of action (COA) for negligence, the second COA for premises liability, and the third COA for strict liability. Discussion Specifically to the third COA for strict liability per Civil Code section 3342, Plaintiff...

Excerpt: ... Group; Kaiser Foundation Health Plan, Inc.'s Motion to Strike is MOOT as to the remedies requested under the second and fourth causes of action and GRANTED WITHOUT LEAVE TO AMEND as to punitive and exemplary damages requested under the third cause of action for loss of consortium. Introduction Defendants Kaiser Foundation Hospitals; Southern California Permanente Medical Group; Kaiser Foundation Health Plan, Inc. (collectively, Defendants) demur...

Excerpt: ...ns of Labor Code sections and other provisions of the California Labor Code”. Discussion Defendant argued that the FAC failed to allege supportive facts to support the alleged violations of the Labor Code and California Code of Regulations. A liberal reading of the FAC showed that the FAC is insufficiently pled as argued by Defendant. Without supportive facts alleged in the FAC, the FAC did not provide Defendant with proper notice of the claims...

Excerpt: ...t filed on December 20, 2023. Defendants demur to the fifth cause of action for fraud. Procedural Issues Defendants' meet and confer declaration is insufficient. Defense counsel testifies that he left a voicemail and follow-up email setting forth the grounds for demurrer. Counsel fails to indicate when he did either of these things. Discussion Defendants' demurrer to the fifth cause of action for fraud is overruled. Defendants allege that, on Jul...

Excerpt: ...d the second COA for breach of covenant of quiet enjoyment. Discussion As to the action for declaratory relief, the Code of Civil Procedure section 1060 provides in part that "[a]ny person interested under a written instrument, … or under a contract, … may, in case of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his ...

Excerpt: ...eking to repossess the 2020 Mercedes Benz A220 Serial No. WDD3G4EBXLW040104 from Defendant RC. Defendant RC's Towing Simi Valley, Inc. did not file an opposition, which was due on December 26, 2023. Procedural Issues Plaintiff served Defendant RC with the Complaint and Summons, the Notice of Application for Writ of Possession, the Application for Writ of Possession, the Memorandum of Points and Authorities in support of the application, supportin...

Excerpt: ...as battling drug addiction until his death on August 6, 2021. On August 4, 2023, Patricia Lingard, Carlton Lingard, and the Estate of Dakota Lingard (collectively, "Plaintiffs") filed a Complaint against Sober Souls, Inc., Community House Sober Living, Inc., Sober Soul Sober Living, Audy Harman, and Jonathan Chang. The Complaint was followed by a First Amended Complaint (FAC) on November 17, 2023, containing the following eight causes of action: ...

Excerpt: ... intervenor, becomes a party to an action or proceeding between other persons by doing any of the following:(1) joining a plaintiff in claiming what is sought by the complaint,(2) uniting with a defendant in resisting the claims of a plaintiff, or(3)demanding anything adverse to both a plaintiff and a defendant" (Code Civ. Pro.,§387, subd. (b)(1)-(3).) "A nonparty shall petition the court for leave to intervene by noticed motion or exparte appli...

Excerpt: ...ilure to comply with California law in connection with a defective electric vehicle manufactured and sold by GM. Plaintiff leased a new 2021 Chevrolet Bolt (“Subject Vehicle”) on June 24, 2021. (FAC, ¶ 8.) The Subject Vehicle was delivered with substantial defects and non-conformities to warranty, including but not limited to serious battery defects. (FAC, ¶ 10.) Plaintiff had conversations with the sales representatives at Culver City Chev...

Excerpt: ...ated a decade-long fraudulent scheme in which their partnership and its assets were secretly transferred into her sole ownership through coercion. Discussion Preliminarily, defendants PEN Music Group, Inc. and Michael Eames request the court to take judicial notice of (1) Plaintiff's complaint in Baker v. Firstcom Music, et al., Case No. 2:16-cv-08931-VAP-JPR (C.D. Cal); (2) March 15, 2018 order regarding parties' cross-motions for summary judgme...

Excerpt: ...r 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 Contracting totaling $178,586.80. (FAC, 16....

Excerpt: ...he third COA for negligence, and the fourth COA for breach of fiduciary duty. Discussion Defendant argued that the second through fourth COAs are duplicative of the first COA for violation of Civil Code section 5975. Preliminarily, Defendant misconstrued the first COA as a breach of contract claim that sought contract damages. The first COA, as plainly read, alleged a statutory violation. The statute provides authority to enforce Covenants, Condi...

Excerpt: ...al Insurance Company (Defendant) demurred to Plaintiff Samson Primm's (Plaintiff) Second Amended Complaint. The demurrer placed into issue the second cause of action (COA) for breach of covenant of good faith and fair dealing. Defendant moved to strike Plaintiff's request for punitive damages. Discussion Defendant argued that there are insufficient facts pled to support the second COA for bad faith because the allegations do not plead facts to al...

Excerpt: ...laint) to add factual allegations regarding the Assignment of the Property Management Agreement and the Lease Listing Agreement. Introduction Defendant/Doe 2 Aryeh Hoffman dba Hoffman Brothers Realty (Hoffman) and Defendant/Doe 3 Hoffman Brothers Realty, LLC (HBR) (collectively, Hoffman Brothers) moved for summary judgment (MSJ) against Plaintiff Napco, LLC's (Napco) Complaint. In the alternative, Hoffman Brothers moved for summary adjudication (...

Excerpt: ...kka's (Plaintiff) First Amended Complaint (FAC). The motion placed into issue the first cause of action (COA) for premises liability, and the fourth COA for negligence. Procedure Plaintiff argued that Defendant failed to meet and confer prior to the motion being filed. However, the contention is conclusory and Plaintiff's Counsel failed to present any admissible evidence, let alone a declaration attesting to the lack of a meet and confer. However...

Excerpt: ...f action (COA) for negligence and the request for exemplary damages. The motion to strike moved against the request for exemplary damages. Procedure Despite Defendant's Notice to the Demurrer stating that the demurrer placed into issue the second COA for negligence (See Notice, pg. 1:25,) Defendant's Points and Authorities did not cite to any alleged facts or legal authority, nor did Defendant present any application of law to the alleged facts, ...

Excerpt: ...d to Plaintiffs Myriam Gisela Flores, Jacob Santiago Danel, Madeline Gyssell Villagrana, and Myridean Ruth Flores, by and through her guardian ad litem, Myriam Gisela Flores' (collectively, Plaintiffs) Complaint. Defendant's demurrer placed into issue all ten causes of action (COA) alleged in the Complaint: negligent maintenance of premises, nuisance, breach of warranty of habitability, breach of covenant of quiet enjoyment, negligent violations ...

Excerpt: ...ns filed by various Plaintiffs in the following actions: 19STCV41653, 20STCV39458, 20STCV37023, and 20STCV17386. The proposed Cross-Complaints are alleged against Defendants Transit Systems Unlimited, Inc. (TSUI) and Ofelia Sandoval Rodriguez (Rodriguez) (collectively, Transit Systems.) Discussion Coachways' legal authority for the motion is Code of Civil Procedure sections 426.50, 428.50(c), and 428.10(b)(2). If the proposed cross-complaint is c...

Excerpt: ...erms. Here, there is no trial date set in this case. There is no prejudice to defendants in having a jury trial but there would be great prejudice to plaintiffs. The court believes that in the absence of a statement filed with the court in which the plaintiff has clearly indicated a waiver of jury trial, the court should grant one. No such jury waiver was filed, and fees were deposited over 3 months ago. The demand for jury was clearly stated in ...

Excerpt: ...RNIA PERMANENTE MEDICAL GROUP; KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION TO STRIKE is MOOT as to the remedies requested under the second and fourth causes of action and GRANTED WITHOUT LEAVE TO AMEND as to punitive and exemplary damages requested under the third cause of action for loss of consortium. Introduction Defendants Kaiser Foundation Hospitals; Southern California Permanente Medical Group; Kaiser Foundation Health Plan, Inc. (collecti...

Excerpt: ... Court Apartments, Statewide Management, Inc., Mireya Arellano, Karla Galo, and Iris Abrham (collectively, Defendants) demurred to Plaintiffs Jacob White; Elisa Medina; Xavier Cisneros, a minor; Jacob White, Jr., a minor; and Jaxson White's, a minor, First Amended Complaint (FAC). The demurrer placed into issue the first cause of action (COA) for battery, the eleventh COA for breach of contract, and the thirteenth COA for public nuisance. Discuss...

Excerpt: ...Complaint is GRANTED but not as to facts in dispute or hearsay. Introduction Defendants Hyundai Motor America (HMA) and Keyes Hyundai of Van Nuys (Keyes) (collectively, Defendants) moved to compel arbitration and stay Plaintiff Liel Levi's (Plaintiff) action. Procedure Defendants objected to the untimely filing of the Reply. The Reply was due on December 6, 2023 and was electronically filed/served a day late. Despite Defendants' contention otherw...

Excerpt: ...ial Council Form CIV-100 for mandatory use) is served and filed. A review of the file indicates that neither LLHOA nor Lordon filed a Request for Entry of Default on their cross-complaints. Oddly enough, counsel for LLHOA has no explanation why there was a cross-complaint filed 9/26/2018 on behalf of LLHOA and Lordon against GPL by Resnick & Louis PC, and then, without a substitution of attorneys, another cross-complaint filed on 10/1/2028 on beh...

Excerpt: ... for negligent misrepresentation, the fourth COA for intentional misrepresentation, and the fifth COA for conspiracy to defraud. Discussion Defendant argued that the first COA for breach of contract failed to allege the existence of a contract due to conflicting factual allegations made in the fraud claims. This issue was raised previously at the demurrer to the First Amended Complaint (FAC). Despite Defendant's argument otherwise, the uncertaint...

Excerpt: ...t issued 19 page order granting the terminating sanctions. Since the order granting terminating sanctions, plaintiff did not file anything until 10/18/2023. A motion for reconsideration must be made within 10 days after service of the notice of entry of the order or ruling to be reconsidered. CCP § 1008(a). CCP section 1008(c allows a later reconsideration if there has been a change in the law. Neither provides the relief sought by plaintiff. Th...

Excerpt: ...FFS' MOTIONS IN LIMINE 1. Grant. there shall be no comment, reference, suggestion, innuendo, etc., to the status of (former) defendant Tarzana Medical Center, LLC, dba Providence Cedars-Sinai Tarzana Medical Center as a party in this action during trial. 2. Grant. there shall be no apportionment of fault (civil code 1431) in the absence of the evidentiary predicate that defendant Tarzana Medical Center, LLC, dba Providence Cedars-Sinai Tarzana Me...

Excerpt: ...add new causes of action. Defendants Quanta Finance, LLC and 1 Sharpe Opportunity Intermediate Trust's Request for Judicial Notice is GRANTED but not as to hearsay or facts in dispute. Introduction Defendants Quanta Finance, LLC (QFLLC) and 1 Sharpe Opportunity Intermediate Trust (1SOIT) (collectively Defendants) demurred to Plaintiffs Neelam Bhamani (Neelam ), Hussain Bhamani (Hussain), and EMS Solutions, LLC (EMS) (collectively Plaintiffs) Firs...

Excerpt: ...ly, Cross-Complainants) moved for leave to file a Proposed Fourth Amended Cross-Complaint (P4AXC). Cross-Defendants Ebrahim Khatibi, Aliasghar Khatibi, Ali Sepehr, and AEK Global Investments, LLC filed their opposition and a notice of errata on November 21, 2023. Cross-Defendants Shabnam Akhoundzadeh and Karen Dr. LLC filed their separate opposition on November 21, 2023. Cross-Defendants Ebrahim Khatibi, Aliasghar Khatibi, Ali Sepehr, and AEK Glo...

Excerpt: ...tion (COA) for collection of rent on substandard dwelling in violation of L.A.M.C. sec. 12.00 et seq., the second COA for breach of the implied warranty of habitability, the third COA for negligence, the fourth COA for breach of the implied covenant of quiet enjoyment, the fifth COA for violation Civil Code sec. 1940.2, the sixth COA for violation of Civil Code sec. 1954(a)(2), the seventh COA for trespass, the eighth COA for nuisance, and the ni...

Excerpt: ...ruction Group, Inc.'s Demurrer to the Complaint is OVERRULED. Defendant KAIO Construction Group, Inc.'s Request for Judicial Notice is GRANTED but not as to facts in dispute or hearsay. Introduction Defendant KAIO Construction Group, Inc. (Defendant) demurred to Plaintiff ADR Inc.'s (Plaintiff) Complaint. Defendant's demurrer placed the Complaint's only cause of action (COA) for breach of contract into issue. Discussion Defendant argued that Plai...

Excerpt: ...ra Calderas Gomez's (collectively, Plaintiffs) First Amended Complaint (FAC). Defendant placed into issue the second cause of action (COA) for “breach of the implied warranty of habitability.” Defendant was the alleged owner of the property between 2008 to 2021. (FAC par. 6.) Discussion Defendant argued that the second COA for violation of Civil Code section 1942.4 failed to allege sufficient facts and is uncertain. Defendant argued that Plai...

Excerpt: ...ay give notice of ruling. Any notices of ruling in violation of this order will be stricken by the court without further notice. PROTECTIVE ORDER: To the extent that any discovery responses mention the need for a protective order, it is the responsibility of the party claiming the need for the protective order to promptly request it. No parties may object on the grounds of the need for a protective order and then take no action. Such failure to t...

Excerpt: ... Solutions, LLC is CONTINUED for supplemental briefing and evidence. Arguments in the supplemental briefs as to the amount of the undertaking are limited to 10 pages including declarations. The briefing schedule is as follows: Continued hearing is scheduled for ________, 2023 at 8:30 a.m., papers in support of an undertaking to be filed and served by defendants by _________, opposition to be filed and served by plaintiff by ___________, and reply...

Excerpt: ...se mental examination (which includes testing) of plaintiff Jane DOE by Adrienne Meier, Ph.D. to go forward at 130 S. Euclid Avenue, Pasadena, CA 91101, on ___________, at 10:00 AM. For purpose of this order, "defense mental examination" means defense mental examination, interview, and testing. 1. Dr. Meier may conduct the defense mental examination of Plaintiff, which total examination (from start to finish and including any written testing) may...

Excerpt: ...eet and confer requirement does not apply to unlawful detainer actions, which this action is. (Code Civ. Proc., sec. 430.41(d).) Plaintiff's meet and confer argument is unmerited. Plaintiff argued that the body of the Notice to the demurrer failed to identify a date of the hearing. (Cal. Rules of Court, rule 3.1320(c).) Although Defendant's Notice to the demurrer is in violation of the Court Rules, the violation is not prejudicial to Plaintiff si...

Excerpt: ...o issue the first cause of action (COA) for breach of contract; the second COA for breach of implied warranty of merchantability; the third COA for breach of express warranty; the fourth COA for negligence; the seventh COA for recovery on bond; and the eighth COA for declaratory relief. Discussion Defendant, as the surety of a bond issued to Co-Defendant Milgard Manufacturing, LLC (Milgard), argued that it is discharged from liability because Pla...

Excerpt: ...WITHOUT LEAVE TO AMEND. Defendant State Farm General Insurance Company's Motion to Strike is DENIED. Defendant State Farm General Insurance Company is ORDERED to file an Answer to the Complaint within 20 days. Introduction Defendant State Farm General Insurance Company (Defendant) demurred to Plaintiffs Farideh and Behzad Lalehzari's (Plaintiffs) Complaint. Defendant's demurrer placed into issue the second cause of action (COA) for breach of the ...

Excerpt: ...ant's demurrer placed into issue the first cause of action (COA) for breach of contract, second COA for specific performance, third COA for unfair business practice (UCL), and the fourth COA for unjust enrichment. The fifth COA for intentional interference of prospective economic advantage is not placed into issue because it is noted that the COA is not alleged against Defendant. Discussion As to the first and second COAs based upon an alleged co...

Excerpt: ...equest to dismiss or stay the non-individual PAGA claims is DENIED. Defendants Apartment Management Consultants, LLC and Sandra McMurray's Request for Judicial Notice is GRANTED but not as to any hearsay or facts in dispute. Plaintiff Turquoise Martin's Request for Judicial Notice is GRANTED but only as to the existence of Exhibits A-D and not as to any hearsay or facts in dispute; and GRANTED as to Exhibit E. Introduction Defendants Apartment Ma...

Excerpt: ...Automobile Insurance Company (Defendant) moved for summary judgment (MSJ) or alternatively for summary adjudication (MSA) against Plaintiff Justin Bass' (Plaintiff) Complaint. The MSJ/MSA placed into issue Plaintiff's first cause of action (COA) for breach of contract, second COA for breach of the implied covenant of good faith and fair dealing, and third COA for bad faith. Procedure Plaintiff submitted evidentiary objections with his opposition....

Excerpt: ...on with Plaintiffs Abir Cohen Treyzon Sal LLP (ACTS) and Neil Itzik Adrabi (Adrabi) (collectively, Plaintiffs) and to stay the action. Alternatively, Defendants requested Adrabi be compelled to arbitration and an order to staying all non-compelled claims. Defendants' reply was due October 26, 2023 but none was filed. Discussion As to ACTS, the Attorney-Client Contingent Fee Contract (Contract), which included an Arbitration Agreement, does not sh...