Excerpt: ...nt Mission Imports dba Mercedes Benz of Laguna Niguel is not a moving party on the motion. The court notes that defendant Mission Imports performed repairs on the vehicle and is not the dealer (seller of the car). The dealer is Porsche Woodland Hills and it is not a party to this action. Discussion Defendant, a non-party to the Retail Installment Sale Contract (RISC), seeks to compel arbitration of the claims alleged in the Complaint based upon t...

Excerpt: ...L, and OVERRULED as to all other arguments. Leave to amend is not granted to add new causes of action but limited ONLY to curing the pleading defects identified below. Introduction Defendants Daniel Francke, individually and dba Beneviste & Francke Insurance Services, and Thomas Francke, individually and dba Beneviste & Francke Insurance Services (collectively Defendants,) demur to Plaintiff Elysee Beauty, Inc.'s (Plaintiff) First Amended Complai...

Excerpt: ...s in dispute or hearsay. Specially Appearing Fridman Group's argument is not considered. Introduction Defendant Isidora Fridman (Fridman) and the Fridman Group (Fridman Group) (collectively Defendants) demurs to Plaintiff Commission Funding Solutions, LLC's (Plaintiff) Complaint. Discussion Defendants argue that Plaintiff lacks standing and/or is not the real party in interest because the contracts at issue were entered by “Commission Funding S...

Excerpt: ...ly is DENIED. Respondent's Objections filed 5/27/2022 are OVERRULED. INTRODUCTION Petitioner Carepatrol Franchise Systems (Petitioner) moves to confirm the arbitration award against Respondent TSI Investment Group, Inc. (Respondent.) The arbitration award was served on January 25, 2022. The arbitrator held the appraisal amount to be $390,000.00 and awarded Petitioner $320,985.00 in attorney's fees and costs plus $10,912.50 in arbitration fees. Th...

Excerpt: ...e of the documents but not as to any facts in dispute or hearsay. Introduction Judgment Creditor/Assignee Arturo Rubinstein (Rubinstein) moves to amend the judgment against Judgement Debtor/Defendant Yoram Yehuda (Yoram [1] ) to add nonparty Sharona Yehuda (Sharona [2] ), as Trustee of the Keshet Inter Vivos Trust (Keshet) as an additional judgment debtor on the grounds of alter ego liability. Rubinstein was assigned the judgment from the origina...

Excerpt: ...1/19's Request for Judicial Notice is GRANTED as to the exhibit's existence but not as any facts in dispute or hearsay. Introduction Plaintiff Robin Kim, Trustee of the Alpha 8134 Trust Dated 10/21/19 (Plaintiff,) renews a prior Motion for Summary Judgment against Defendants Crystal Santos-Copage (Mrs. Santos- Copage) and Evan Copage (Mr. Copage) (collectively Defendants.) Defendants have not filed an opposition. Discussion Plaintiff asserts that...

Excerpt: ...ndant Randall Awad's Demurrer to the Complaint is OVERRULED. Defendant Randall Awad's Motion to Strike is GRANTED in Part and DENIED in Part. The motion is DENIED as to punitive damages. The motion is GRANTED WITH 5 DAYS LEAVE TO AMEND to correct the "typo" as to “Defendant Emperor.” Plaintiff Joe Releford, Jr. is ordered to file an “Amendment to the Complaint” correcting the two references to a “Defendant EMPEROR” within 25 days. Pla...

Excerpt: ...stayed pending arbitration. Arbitration Review Status Conference set for ______________, 2023 at 8:30 a.m. in Dept. T. Mandatory appearance unless judgment has been entered or the case dismissed. 1. INTRODUCTION Defendant Mercedes-Benz USA, LLC moves to compel arbitration [1] and stay all proceedings as to Plaintiff Debora Engel's (Plaintiff) Complaint. 2. DISCUSSION Defendant, a non-party to the Retail Installment Sale Contract (RISC), seeks to ...

Excerpt: ...unction and OSC re: Preliminary Injunction is DENIED. Plaintiff Arvis Ash's Motion for New Trial is DENIED. 1. INTRODUCTION Plaintiff Arvis Ash (Ash or Plaintiff) and a “Miguel Thomas” (not a party to the First Amended Complaint (FAC) (filed on April 2, 2019) or the Cross-Complaint) move for a temporary restraining order (TRO) and OSC re: preliminary injunction (PI) to enjoin Housing Assistance Services ("HAS" and not a party to the action) f...

Excerpt: ... Action; and OVERRULED as to the Fourth, Fifth, and Ninth Causes of Action. Leave to amend is restricted to curing the identified defects and not to add new causes of action. Defendant OLS Hotels and Resorts, LLC's Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND as to punitive damages under the First and Eighth causes of action; DENIED as to punitive damages under the fourth and fifth causes of action; GRANTED WITHOUT LEAVE TO AMEND as to the ...

Excerpt: ...trike the First Amended Complaint is DENIED. Defendants Crystal Santos-Copage and Evan Copage to answer complaint within 5 days. The court inquires whether a Guardian Ad Litem is required for Evan Copage, as a minor. This will be discussed at the hearing. Defendants Crystal Santos-Copage and Evan Copage's Requests for Judicial Notice within the Demurrer and Motion to Strike are GRANTED as to the existence of the documents but not as to the disput...

Excerpt: ...d Schyna Pour's Request for Judicial Notice is GRANTED as to the existence of the documents but not as to facts in dispute or hearsay. Introduction Defendants Reza Pour and Schyna Pour (Defendants) move for judgment on the pleading as to Plaintiffs Shahla Broomand's and Reza Manesh's (Plaintiffs) First Amended Complaint (FAC.) Discussion Defendants argue that the instant action (Set Aside Action) is moot due to the Bankruptcy Court's 2020 order a...

Excerpt: ...laintiff is GRANTED 20 DAYS LEAVE LIMITED TO ADDING a Tenth Cause of Action for Conversion. Defendants Armine Yedoyan and David Gevorkyan's Motion to Strike is DENIED. Introduction Defendants Armine Yedoyan and David Gevorkyan (collectively Defendants) demur to the seventh Cause of Action (COA) for defamation per se, the eighth COA for vacating a void judgment and the tenth COA for conversion alleged in Plaintiff Veoleta Stamboltsyan (Plaintiff) ...

Excerpt: ...Orwick, III and the Beneficiaries of the Charles A. Orwick, III Trust of 2001 is GRANTED in Part and DENIED in Part. The motion is GRANTED as to the Personal Representative of the Estate of Defendant Charles A. Orwick, III and DENIED as to the Beneficiaries of the Charles A. Orwick, III Trust of 2001. Plaintiff Tom Grimmett, Trustee of JP's Nevada Trust's is allowed leave to substitute in the Successor Trustee of the Charles A. Orwick, III Trust ...

Excerpt: ...cts found within and hearsay statements. Defendants Robabeh Afsari, Nasrin Sayyad, and Mountain Recovery, LLC's Request for Judicial Notice is GRANTED only as to the existence of the attached documents and DENIED as to the disputed facts found within and hearsay statements. Introduction Plaintiff Alexander Everest (Plaintiff) moves for a preliminary injunction to enjoin Defendants Robabeh Afsari and Nasrin Sayyad (Judgment Creditors) and Mountain...

Excerpt: ... The Motion to Compel Further Responses to Requests for Production Sets 1 and 2 is DENIED. No sanctions are awarded. 1. Introduction Plaintiff Gloria Weischadle (“Plaintiff”) moves to compel further responses to Special Interrogatories Sets 1 and 2 (“SI2”) and to Requests for Production of Documents Sets 2 and 3 (erroneously numbered as Set One and Set Two) from Defendant Mahin Amirgholami, M.D. In each motion, Plaintiff requests $1,200.0...

Excerpt: ...wed by statute or contract, by noticed motion. 1. Introduction Defendant Asher Harel (“Defendant”) moves for summary judgment against the Complaint of Plaintiff Abraham Amar (“Plaintiff”) 2. Evidentiary Objections Defendant objects to various portions of Plaintiff's declaration submitted in opposition to motion for summary judgment. It is noted that Defendant's objections are not numerically ordered, and as such, the Court assumes traditi...

Excerpt: ...ion. The court will hear argument on leave to amend. The Motion to Strike is DENIED. 1. INTRODUCTION This is a breach of written contract and fraud action arising out of a contract for a sale of three restaurants with their lease rights and obligations between Tavistock Freebirds, LLC as seller to The People's Party, LLC as buyer. The instant hearing involves the operative first amended cross-complaint (“1ACC”) filed by 805Escrow, Inc. (“80...

Excerpt: ... 1, 3, 6, 8, 22, 44, 51, 53, 54, 55, 74, 77, and 78 and Request for Production nos. 1-4, 6, 9, 46 and 53. The Motion to Compel as to the remaining Deposition Categories, Requests for Production, and Request for Monetary Sanctions, and the remainder of the Motion for Protective Order are DENIED WITHOUT PREJUDICE and may be renewed, if proper, after an amended complaint has been filed. Verified court ordered production must occur to be received by ...

Excerpt: ...ul, individually and as Trustee of the Performante Homes Trust Under Trust Instrument, Dated October 3, 2017's Motion for Summary Adjudication is MOOT due to the voluntary dismissal of the Fifth and Seventh Causes of Action. Plaintiff Gabriel Dos Santos' request for sanctions is DENIED WITHOUT PREJUDICE. Evidentiary objections ruled on by separate orders. INTRODUCTION Defendant Jake Joseph Paul (Paul,) as an individual, and separately Defendant J...

Excerpt: ...'s Motion for Summary Judgment is DENIED. Defendant Jazbeth Giron's Motion for Summary Judgment and Summary Adjudication are DENIED. Defendant Jazbeth Giron's Request for Judicial Notice is GRANTED but only as to the pleadings' existence; and not as to any hearsay or facts in dispute. Plaintiff Galpin Motors, Inc.'s Motion to Seal Exhibit “A” to Plaintiff's Compendium of Evidence and Defendant Jazbeth Giron's Motion to Seal Exhibit “B” to...

Excerpt: ...eene Weingarten's Demurrer to the First Amended Complaint and attached Requests for Judicial Notice are MOOT. The court sets a Case Management Conference for 4/5/2023 at 8:30 a.m. in Dept. T. MANDATORY APPEARANCE by all parties is required if no judgment has been entered or the case has not been dismissed in its entirety. At that time, the court will hear from counsel on status of the arbitration including whether arbitration has been open, arbit...

Excerpt: ...y is GRANTED but not as to any facts in dispute or hearsay.[1] Introduction At the February 8, 2022, hearing on Defendants Reza and Schyna Pour's (Defendants) Motion for Judgment on the Pleadings against the First Amended Complaint (FAC), the Court set its own motion as to the issue of whether the action was barred by the Statute of Limitations (SOL.) Plaintiff Reza Fateh Manesh (Plaintiff) filed an opposition to the Court's motion and Defendants...

Excerpt: ...y is GRANTED but not as to any facts in dispute or hearsay. [1] Introduction At the February 8, 2022, hearing on Defendants Reza and Schyna Pour's (Defendants) Motion for Judgment on the Pleadings against the First Amended Complaint (FAC), the Court set its own motion as to the issue of whether the action was barred by the Statute of Limitations (SOL.) Plaintiff Reza Fateh Manesh (Plaintiff) filed an opposition to the Court's motion and Defendant...

Excerpt: ...adings against the entirety of Plaintiffs Karen Khosteghyan, Varduhi Hovanessyan, Abraham Khosteghyan, a minor, and Milan Khosteghyan's, a minor, (collectively “Plaintiffs”) Third Amended Complaint (“TAC.”) The TAC alleges the first cause of action (“COA”) for negligence, the second COA for intentional infliction of emotional distress and the fourth COA for negligent hiring, supervision, training and/or retention against Defendants. T...