Excerpt: ...tomotive, Inc. (Defendant) demurred to Plaintiff Martha Michel- Aquino and Pedro Aquino (Plaintiffs) Complaint. Defendant placed into issue the only cause of action (COA) alleged against it, the fourth COA for negligent repair. Discussion Defendant argued that the negligence COA is barred by the Economic Loss Rule. “Simply stated, the economic loss rule provides: ‘[W]here a purchaser's expectations in a sale are frustrated because the product...

Excerpt: ...Notice is GRANTED but not as to any hearsay or facts in dispute. Defendants are ordered to file an Answer within 20 days. Introduction Defendants Bernard and Patricia Stark (collectively, Defendants) demurred[1] to Plaintiff Sarah Jellison's (Plaintiff) Complaint. The Demurrer placed into issue the first three causes of action for invasion of privacy, trespass, and intentional infliction of emotional distress. Defendants concurrently moved to str...

Excerpt: ...Park LLP's Request for Sanctions is DENIED. Introduction Defendants Robabeh Afsari and Nasrin Sayyad (collectively, Defendants) specially moved to strike per Code of Civil Procedure section 425.16 (Anti-SLAPP Motion) Plaintiff Alexander Everest's (Plaintiff) Complaint. Due to the voluntary dismissal of the action, the primary issue considered as to Defendants' Anti-SLAPP Motion is the request for attorney fees against Plaintiff under Code of Civi...

Excerpt: ...rld Life Insurance Company's Motion for Summary Judgment/Motion for Summary Adjudication as to Issue 1 against the first, second, fourth, fifth, and sixth causes of action; as to Issue 2 against the first, second, fourth, fifth, and sixth causes of action; as to Issue 3 thru 7 are DENIED. Defendants Farmers Group, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, and Farmers New Wo...

Excerpt: ... Chaminda De Silva, and Praeventus Solutions, Inc.'s Motion to Modify is GRANTED only as to Subpoena Request nos. 1 & 2. Subpoena Request nos. 1 & 2 is ordered to be limited to “monthly statements” reflecting receipts, withdrawals or “inter-bank transfers” to Plaintiff. The motion to modify is DENIED as to Subpoena Request nos. 4-6. Defendants G&S Import-Export, Inc., Chaminda De Silva, and Praeventus Solutions, Inc.'s Motion for Protecti...

Excerpt: ...d new causes of action. Introduction Defendant Fab4, LLC (Defendant) demurred to Plaintiff Max Gamble's (Plaintiff) Complaint. Defendant placed into issue all three causes of action (COA) alleged in the Complaint. Plaintiff has not filed an opposition. Discussion Defendant argued that each of the three COAs insufficiently pleads facts to support the claims. As to the first COA for violation of the Unfair Competition Law (UCL,) Defendant argued la...

Excerpt: ...) and Dr. Reshad DDS Inc. dba ArtLab Dentistry's (ArtLab) (collectively, Defendants) demurred to Plaintiff Christine Forrester, D.D.S.'s (Plaintiff) First Amended Complaint (FAC.) Defendants placed into issue the second cause of action (COA) for intentional misrepresentation, third COA for negligent misrepresentation, and fourth COA for concealment (collectively, Fraud Claims.) The Opposition was due November 7, 2022, and Plaintiff, in pro per, d...

Excerpt: ... must designate a corporate representative, if one is desired to sit at trial, who is not going to testify. MIL 4: Re limiting experts to opinions stated at deposition. The court queries whether experts can render opinions on matters learned after their depositions, or on hypotheticals based on courtroom testimony. The court will discuss with counsel. MIL 5: Re precluding reference to textbooks or treatises on direct exam. MIL 6: Re to prevent pl...

Excerpt: ...fendant Axos Bank (Defendant.) Discussion Plaintiff requested leave to file a First Amended Complaint (FAC) which alleges ten new causes of action (COA.) Plaintiff alleged both contract and tort claims based upon Defendant's alleged failure to properly apply Plaintiff's loan payments. Within the ten new COAs, Plaintiff alleged two COAs for “loss of rental property income” and “negligence/premises liability” (i.e., the third and fourth COA...

Excerpt: ...mended Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendant Ali Sepehr's Demurrer to the Third Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr's Motion to Strike Portions of the Third Amended Cross- Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendants Aliasghar Khatibi, Ebra...

Excerpt: ...udicial Notice is GRANTED as to Exhibits 10-12's existence but not as to any hearsay or triable issues of fact. Objections made in the Separate Statements are overruled. 1. INTRODUCTION Defendant Equinox Holdings, Inc. (Defendant) moved for summary judgment (MSJ) or alternatively summary adjudication (MSA) against Plaintiff Jane Doe's (Plaintiff) Complaint. Defendant's MSA identified issues as to Plaintiff's second cause of action (COA) for negli...

Excerpt: ...David Darwish, and 1132 Hyperion Ave. Trust's Third Amended Complaint is the second cause of action for breach of contract alleged against Defendants Jack Vaughn, Esmeralda Hernandez, and Wayne Hart. Defendants Carlos Rodriguez and Ernest Johnson's Motion for Summary Judgment and Motion for Summary Adjudication are MOOT because the Court's July 28, 2022 Order disposed of the entire action against them. Defendants Jack Vaughn, Esmeralda Hernandez,...

Excerpt: ...ut only as to the existence of the documents and not as to any hearsay or facts in dispute. Respondent TSI Investment Group, Inc.'s Request for Judicial Notice is DENIED. Introduction Petitioner Carepatrol Franchise Systems LLC (Petitioner) moved for an award of attorneys' fees from Respondent TSI Investment Group, Inc. (Respondent.) Petitioner is requesting $20,885.00. Procedure Respondent made a request for judicial notice within the body of th...

Excerpt: ...ants Westlake Nail Bar and CH Realty/North Ranch, L.P.'s Request for Judicial Notice is GRANTED as to the pleadings' existence and not as to any facts in dispute or hearsay. Introduction Defendants/Cross-Complainants Westlake Nail Bar (Nail Bar) and CH Realty/North Ranch, L.P. (CH Realty) (collectively Defendants) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiffs Jesus Fabiola Moreno Lopez; Evely...

Excerpt: ...Home for the Aging (Defendant) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiff Dorothy Kaplan's (Plaintiff) First Amended Complaint (FAC.) Defendant's MSA Issues are against the first cause of action (COA) for elder abuse and the request for punitive damages. The Reply was due October 20, 2022. Procedure As to Defendant's MSJ, Defendant must show that no triable issue of material fact exists as ...

Excerpt: ...m Khatibi's Motion to Strike Portions of the Third Amended Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr's Demurrer to the Third Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr 's Motion to Strike Portions of the Third Amended Cross- Complaint is GRANTED WITHOUT LEAVE TO AMEND. Cross-Defendants Aliasghar Khatibi, Ebrahim Khatibi, and Ali Sepehr are ordered to file an Answer w...

Excerpt: ...AH & SHEM-TOV, INC. 15303 Ventura Blvd., 9th Floor Sherman Oaks, CA 91436. Discussion: The court denied with motion by this party to quash the subpoena served on it. Since that time, Comforting Home Hospice Inc. has failed to comply with the subpoena. Therefore, the court orders it, by 11/1/2022 to serve with a verification all documents set forth below on counsel for Judgment Creditor: DEFINTIONS: A. the term "DOCUMENT(S)" shall have the broades...

Excerpt: ... pending arbitration. Case Management Conference is set for 10/17/2023 at 8:30 a.m. Appearance by both sides is REQUIRED unless judgment has been entered or the case dismissed. Defendants Lets Restyle Ca, Inc., and IBeauty Brands, Inc.'s request for interim attorneys' fees is DENIED WITHOUT PREJUDICE. Introduction Defendants Lets Restyle Ca, Inc., and IBeauty Brands, Inc.'s (collectively Defendants) moved to compel arbitration and requested $10,1...

Excerpt: ...ract or by statute. The settlement agreement in this case constitutes a contract. After a motion to enforce the settlement, the terms of the settlement agreement became a judgment. The judgment states as follows: “GPP shall pay reasonable attorneys' fees, costs, and expenses associated with the prosecution of the ACTION to the TRUONGS counsel, Kemnitzer Barron & Krieg LLP. Following the Court's entry of the INJUNCTION, and after payment has bee...

Excerpt: ... Answer within 20 days. Introduction Defendant Dorothy Schwartz, as Trustee (Defendant,) demurs to Plaintiff Earl M. Appleby's, as Trustee (Plaintiff) Complaint. Defendant's Demurrer places into issue the third cause of action (COA) for Civil Code section 1102 et seq. violation, the fourth COA for failure to disclose; and the fifth COA for fraud. Discussion Defendant, as the seller of Plaintiff's property, asserted that she satisfied her duty to ...

Excerpt: ...MS”), is believed to be solely owned and operated by Judgment Debtor, Alexander Everest. This is based on documents received pursuant to a subpoena issued to Stewart Title of California and Umpqua Bank. (Decl. Shem-Tov, ¶¶ 3-4.) The documents received from Stewart Title of California concern the same transaction as the documents sought from the escrow company here. On July 31, 2018, the Property was purchased by Judgment Debtor, and, on his r...

Excerpt: ...ns must be accompanied by a separate document setting forth the particular discovery requests at issue, the responses thereto, and the reasons why such sanctions should be imposed. (Cal. Rules of Court, rule 3.1345(a)(7).) Plaintiff's alternative request for issue sanctions failed to include a separate statement. Because of Plaintiff's failure to submit a separate statement, there is grounds to deny the alternative request for issue sanctions. Di...

Excerpt: ...AINED WITH 20 DAYS LEAVE TO AMEND as to the third, fourth causes of action. Defendant Arthur Page and Defendant Arthur Page Company LLC's Demurrer to the entirety of Rose's Garden Bar LLC's Complaint is OVERRULED. Defendant Arthur Page and Defendant Arthur Page Company LLC's Motion to Strike Portions of the Complaint is DENIED as to Complaint paragraphs 101-104, punitive damages under the second and fifth causes of action, and attorney's fees; MO...

Excerpt: ...as to the third cause of action; and OVERRULED as to the fifth cause of action. Introduction Defendant Shellpoint Mortgage Servicing (Defendant) demurs to Plaintiff Robert Allen's (Plaintiff) First Amended Complaint (FAC.) Defendant demurs to the first cause of action (COA) for Civil Code section 2923.6 violation, the second COA for Civil Code section 2924.10 violation, the third COA for negligence, the fourth COA for Business and Professions Cod...

Excerpt: ...re section 998 offer costs. Defendant requests $5,887.72. Plaintiffs Rashyn Reynolds et al. have not filed an Opposition which was due on August 24, 2022. Discussion The trial court may require a plaintiff, who does not accept a valid pretrial offer to compromise and then fails to obtain a more favorable judgment, to pay a defendant's reasonable post offer expert witness costs. (Code Civ. Proc. sec. 998; Auburn Woods I Homeowners Association v. S...