Excerpt: ...nt, LLC's alternative Motion for Summary Adjudication is GRANTED in Part and DENIED in Part. The motion is GRANTED as to Issues 1, 2, 3, 4, and 5; and DENIED as to Issues 6 and 7. Defendant William Morris Endeavor Entertainment, LLC's Request for Judicial Notice is GRANTED only as to the existence of the two documents and not any facts in dispute or hearsay. INTRODUCTION Defendant William Morris Endeavor Entertainment, LLC (WME) moves for summary...

Excerpt: ... Defendant Tha Lights Global's alternative Motion for Summary Adjudication is GRANTED in Part and DENIED in Part. The motion is GRANTED as to Issues 1 and 11; and DENIED as to Issues 2 ‐ 10. Defendant Herbert Battle's Motion for Summary Judgment is DENIED. Defendant Herbert Battle's alternative Motion for Summary Adjudication is GRANTED in Part and DENIED in Part. The motion is GRANTED as to Issue 1 and 11; and DENIED as to Issues 2 – 10. Int...

Excerpt: ...ies is GRANTED in Part and DENIED in Part. The Motion is GRANTED as to Form Interrogatory 17.1 & Request for Admissions 4-6, 11‐14, 18‐21 and 23‐ 25 and otherwise DENIED. Plaintiff Upside Health, Inc.'s Motion to Compel Further Responses to Special Interrogatories is GRANTED in Part and DENIED in Part. The Motion is GRANTED as to Special Interrogatory 16, 17, 24, 25, 34‐36, 43‐46 and otherwise DENIED. Plaintiff Upside Health, Inc.'s Mot...

Excerpt: ...erefore, responding party should have answered 50.1(b), (c), (d), (e), and (f). Responding party indicates that there were oral agreements. As to 50.1(b) responding party has not identified the dates of the agreements. Otherwise, the supplemental responses are satisfactory. Responding party is to provide a supplemental response to 50.1(b) as to dates of the agreements. 50.2 This interrogatory asks if there was a breach of any agreement in the ple...

Excerpt: ...t and DENIED in Part. The request is GRANTED as to the original Complaint's Exhibit A but not as to any hearsay or facts in dispute; and DENIED as to Exhibits 1 & 2. Plaintiff Stone LLP's Evidentiary Objections against the Declaration of John Nagle are ruled upon separately. Introduction Defendants Patricia and Edward Strucke (collectively “Defendants”) demur to Plaintiff Stone LLP's (Plaintiff) First Amended Complaint (FAC.) The demurrer pla...

Excerpt: ...tor Holdings, LLC dba Vertical Companies' Motion to Strike is GRANTED in Part and DENIED in Part. The motion is GRANTED WITHOUT LEAVE TO AMEND as to the Penal Code citations and DENIED as to punitive/exemplary damages. Defendants to answer within 20 days. Introduction Defendants NCAP2, LLC; Todd Kaplan; Smoke Wallin; NCA Management Co., LLC; and Medical Investor Holdings, LLC dba Vertical Companies (collectively “Defendants”) demur to Plainti...

Excerpt: ...te order ruling on these objections. Objections by Hart filed 8/12/2022 to Decl. of Williams - there is a separate order ruling on these objections. Objections by Jackson filed 8/12/2022 to Decl. of Sabbag - there is a separate order ruling on these objections. Objections by Hart filed 8/12/2022 to plaintiff's RJN - there is a separate order ruling on these objections. Objection by Jackson filed 8/12/2022 to Opposition - Denied/Overruled. The cou...

Excerpt: ...oss-Defendant Hakop Jack Erzrumyan's Motion for Summary Judgment against Cross-Complainant Allen Hershberg and Generation TS FBO Allen Hershberg IRA 2750's First Amended Cross-Complaint is DENIED. Cross-Defendant Hakop Jack Erzrumyan's Motion for Summary Adjudication against Cross-Complainant Allen Hershberg and Generation TS FBO Allen Hershberg IRA 2750's First Amended Cross-Complaint is GRANTED in Part and DENIED in Part. The Motion is GRANTED ...

Excerpt: ... be issued by the court or by an attorney. The subpoenas are ineffective. Ms. Weischadle designated herself as the deposition officer which is prohibited by CCP section 2020.420. Finally, the subpoenas are required to be served in person. These were served by email. Ms. Weischadle was asked to withdraw the subpoenas to avoid the expense involved in the defense having to seek a motion to quash but she refused to do so. Even if the one day deadline...

Excerpt: ...days. Introduction Defendant Shahrokh Mokhtarzadeh, a PLC (Defendant) demurs to Plaintiff Veritext LLC's (Plaintiff) Complaint. Defendant's demurrer places into issue all three causes of action (COA): breach of contract, breach of contract and common counts. Plaintiff has not filed an opposition and presumed to be conceding to the Demurrer. Discussion Defendant argues that the three COAs fail to allege sufficient facts and are all barred by the s...

Excerpt: ...O AMEND. Defendants Karim Chamie and Cynthia Chamie's Motion to Strike Portions of the First Amended Complaint is DENIED. Defendants to answer within 20 days. Defendants Karim Chamie and Cynthia Chamie's Request for Judicial Notice is GRANTED but not as to any hearsay or facts in dispute. OTHER ORDERS: CMC is continued to 11/8/2022 at 8:30 a.m. in Dept. T. Meet and confer per CRC 3.724 and 3.727 is REQUIRED prior to the CMC. Counsel are ordered t...

Excerpt: ...ed the present action by filing a “Verified Complaint for Breach of Contract (Continuing Guarantee)” against Bruce Gray (“Defendant”) and Does 1 through 50. Plaintiff's Complaint alleges a single cause of action for “Breach of Contract” against Defendant. Plaintiff's operative Complaint alleges, on approximately June 21, 2016, Plaintiff entered into a Promissory Note with non-party NSHE CA Bulls, LLC (“None-Party NSHE”). (Compl., ...

Excerpt: ...se ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code Civ. Proc., § 1005(b).) “[I]f notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California . . . .” (Id.) CCP section 1010.6 provides that “[a...

Excerpt: ...ed in Defendant/Cross-Complainant FaceCake Marketing Technologies, Inc.'s (“FaceCake”) cross-complaint pursuant to CCP § 425.16. FaceCake's cross-complaint asserts causes of action for (1) abuse of process – wrongful attachment and (2) fraud – intentional misrepresentation. 2. Request for Judicial Notice Hagen requests judicial notice of the webpages retrieved from FaceCake's website pursuant to CCP § 452(h). The Court finds webpages fr...

Excerpt: ...fendants' Objections are all SUSTAINED on grounds of hearsay, lack of foundation and lack of personal knowledge. 1. INTRODUCTION Defendants Jack Vaughn, Esmeralda Hernandez, Wayne Hart, Carlos Rodriguez, and Ernest Johnson (“Defendants”) move for summary judgment (MSJ) or alternatively summary adjudication (MSA) against the Third Amended Complaint (“TAC”). The issues presented in the summary adjudication motion are as to the first cause o...

Excerpt: ...e request of plaintiff, of the Grant Deed 03 2769799 on the property located at 7039 Andasol Ave., Van Nuys CA 91406. DISCUSSION: The MJOP states that the complaint, on its face, fails to state sufficient facts to constitute any cause of action against defendant and then goes on to cite the entirety of the MJOP statute, CCP sec. 438. However, the grounds for the MJOP are later stated to be as follows: "The Marital Settlement Agreement referenced ...

Excerpt: ...ed and the court awards costs in the sum of $5,893.58 in favor of plaintiff and against all defendants, jointly and severally. DISCUSSION: Attorneys' fees are properly awarded pursuant to Civil Code section 1717(a), which provides: "In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing par...

Excerpt: ...the plaintiff's interest in the litigation. 120 days from the date of hearing is 11/10/2022. July trial is set 11/7/2022 at 9:30 a.m. Jury fees or a signed order for waived jury fees is due no later than 30 days before trial. Final Status Conference is set 10/28/2022 at 8:30 a.m. Parties are to file a joint exhibit list, joint witness list, joint statement of the case, separate proposed verdict form, joint proposed jury instructions fully edited,...

Excerpt: ...AINED WITHOUT LEAVE TO AMEND as to fourth and eleventh causes of action; and OVERRULED as to the second, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth causes of action, and the Statute of Limitations argument. Cross‐Defendant Aliasghar Khatibi's Motion to Strike Portions of the Second Amended Cross‐ Complaint is MOOT as to punitive damages under the first cause of action; GRANTED WITH 20 DAYS LEAVE TO AME...

Excerpt: ...discovery under CCP section 2017.220. Defendant failed to do so. The motion and the reply papers fail to address the CCP section 2017.220 issues, despite being raised in the opposition. Even if the court were to treat this motion as a CCP section 2017.220 motion, which is not referenced in any respect in the notice of motion or in the points and authorities in support or in the reply, the requirements of CCP section 2017.220(a) are not met for re...

Excerpt: ...12/10/2022 hearing. The court will require written orders stating specifically what is being granted and being denied. Plaintiffs to provide orders on their motions and defendant to provide orders on its motions which must state with specificity what is being ordered (i.e., cannot say "Motion in Limine No. 6 is granted.") The order must spell out exactly what the court is allowing or not allowing. The language must be specific enough to enforce. ...

Excerpt: ...alisha Porter (Plaintiff) moves for summary judgment (MSJ) and alternatively moves for summary adjudication (MSA) on the grounds that Defendant Pharmavite, LLC (Defendant) “presented no genuine affirmative actions [sic] to Plaintiffs claim.” (Notice to MSJ/MSA pg. 2:9.) Procedure Defendant asserts that the MSJ/MSA is untimely in violation of the rule requiring MSJ/MSA's to be heard 30 days prior to the trial date. (Code Civ. Proc. sec. 437c(a...

Excerpt: ... is DENIED. Introduction On May 31, 2022, Plaintiff Arvis Ash (Plaintiff) filed a brief titled “Response to the Denial Judgment to Vacate Settlement Agreement and Request for a New Trail [sic] based on Evidence Never Argued or Revealed at the Trail [sic] Hearing on March 21, 2022.” Defendant Grace Greens #1 Homeowners Association (HOA), Defendant S.B.S. Lien Services dba Valley Financial (SBS) and Robert Devough (Devough) (collectively Defend...

Excerpt: ...o the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the fourth cause of action; OVERRULED as to the fifth, sixth and seventh causes of action. Defendants' Lilach Basson, Compass California, Inc., and Kathy Mehringer's Motion to Strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to punitive damages requested under the first and third causes of action specifically as to Compass California, Inc. and as to attorneys' fees under the seventh c...

Excerpt: ...ant Babak Arab's Motion to Strike against the Complaint is MOOT as to punitive damages and GRANTED WITHOUT LEAVE TO AMEND as to attorneys' fees. Defendant Kavry Management, LLC's Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the first and second causes of action and OVERRULED as to the third and fourth causes of action. Defendant Kavry Management, LLC's Motion to Strike against the Complaint is MOOT as to punitive damag...