Excerpt: ...ligence, and the third COA for gross negligence. Plaintiff's opposition was due April 18, 2024 and none was filed. Procedure Despite the demurrer citing to three separate COAs, Plaintiff's Complaint only alleged a single COA for general negligence. The Court reviewed the Complaint and the Demurrer based upon the express allegations made in the Complaint (i.e., a single COA for general negligence). The Court noted that Plaintiff alleged within the...

Excerpt: ...d into issue the first cause of action (COA) for discrimination (age/disability); the second COA for negligence, the third COA for elder abuse, the fourth COA for breach of contract, the fifth COA for breach of warranty of habitability, a nd the sixth COA for Civil Code section 1942.5(a) violation. Discussion Defendants argued that the second COA for negligence, the fourth COA for breach of contract, and the fifth COA for breach of warranty faile...

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...

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: ... (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: ...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: ...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: ...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: ...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...