Excerpt: ...ause of action (i.e. Cross-Complaint par. 81) and DENIED in all other requests related to punitive damages and attorneys' fees. Cross-Defendant Ali Senemar is ordered to file an Answer to the Cross-Complaint within 10 days of this hearing. *NOTE: A reply has not yet been filed. It was due 3/17/22. Any late filed reply will not be considered. Introduction Cross-Defendant Ali Senemar (Senemar) moves to strike words and phrases words and phrases wit...

Excerpt: ...eventh, and eighth causes of action and otherwise OVERRULED as to the remaining causes of action. Defendant Morris Clement's Motion to Strike Portions of the Third Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND as to paragraph 100 of the Third Amended Complaint and is otherwise DENIED or MOOT as to the other requested paragraphs. Defendant Morris Clement's Request for Judicial Notice is GRANTED as to the filings of Exhibits A, B, D , E, F an...

Excerpt: ...and MOOT as to Issue nos. 7 and 8. Defendant AHM Resicom, LLC's Request for Judicial Notice is GRANTED solely as to the attached Exhibits A‐D but not any hearsay or facts in dispute within Exhibits A‐D, and DENIED as to statements of counsel explaining, rewording, paraphrasing, or summarizing court orders‐which is improper. (See Request for Judicial Notice, pars. 1‐18 (pages 2:6‐4:11).) Defendant's objections to plaintiff's declaration:...

Excerpt: ...1484 Hearing Date: March 14, 2022 Dept: T NAPCO, LLC, Plaintiff, vs. LB PROPERTY MANAGEMENT, INC., e t al., Defendants. CASE NO: 20VECV01484 [TENTATIVE] ORDER RE: DEMURRER TO CROSS-COMPLAINT OF CROSS-COMPLAINANTS ELLY NESIS COMPANY, INC., AND ELIHU S. NESIS Dept. T 8:30 a.m. March 14, 2022 [TENTATIVE] ORDER: Cross-Defendant Yehuda Rafael dba Prime Group Realty's Demurrer to Cross-Complaint of Cross-Complainants Elly Nesis Company, Inc., and Elihu...

Excerpt: ... with LASC Local Rules 3.25 and Chapter 3 for FSC and Trial preparation, and service and filing of Motions in Limine. Parties are directed to review these sections forthwith and calendar them as required. Continuances of the trial date set by preference are limited per CCP sec. 36(f). Jury fees posted or a court order for waiver of jury fees entered no later than 30 days before trial. If special settings are required for discovery motions, MSJs, ...

Excerpt: ...PLAINT Dept. T 8:30 a.m. March 09, 2022 [TENTATIVE] ORDER: 1. Faezeh Afchehe's Motion to Compel Deposition of Shabnam Akhoundzadeh is GRANTED. Deposition to take place within 20 days during normal business hours, date/time/location to be selected by moving party. Monetary sanctions in the sum of $3,500 is awarded against Shabnam Akhoundzadeh payable within 30 days to client trust account of Farivar Law Firm per CCP 2023.030, discovery abuse witho...

Excerpt: ...aside/vacate judgment filed 6/7/2021 and the settlement agreement: DENIED. 2. Plaintiff's ex parte application filed 12/17/2021to strike defendant's motion to vacate: DENIED. 3. Defendant's ex parte application filed 12/17/2021 pursuant to Evidence Code section 451 and 452 (Request for Judicial Notice): GRANTED IN PART AND DENIED IN PART. RELEVANT HISTORY: These parties were initially involved in litigation which began in Doe v. Neighbors, LASC C...

Excerpt: ...are ordered to arbitrate the matter. NOTICE OF ARBITATION STATUS CONFERENCE: The court sets an arbitration status conference on March 10, 2023, at 8:30 a.m. in Dept. T. Appearance is mandatory unless the case has been dismissed or judgment entered on an arbitration award. INTRODUCTION Defendant BMW of North America (BMWNA) moves to compel arbitration and stay all proceedings as to Plaintiff Mohammad Azhar Asadi's (Mr. Asadi) [1] Complaint. Doe 1 ...

Excerpt: ...as requested. CCP sec. 2031.030(a)(2). He has already agreed to do so. (See Defendant's response served on 2/17/21 (See Motion Exh 6).) Plaintiff John Doe's Request for Sanctions is GRANTED in the amount of $2,000 against Defendant Kiriakos, M.D. payable to the client trust account of plaintiff's counsel within 30 days. Introduction Plaintiff John Doe (Plaintiff) moves for an order compelling Defendant Ramzi Z. Kiriakos, M.D. (Defendant) to cause...

Excerpt: ...n Capital LLC's Request for Judicial Notice is GRANTED but not as to facts in dispute or hearsay. Introduction Defendants Douglas S. Dickinson (Dickinson) and Sanborn Capital LLC (Sanborn) (collectively “Defendants”) demur to Plaintiff Susan Watson's (Plaintiff) fourth cause of action (COA) for fraud alleged in the Second Amended Complaint (SAC.) The other COAs are not placed into issue in this demurrer. Discussion Preliminarily, Plaintiff cl...

Excerpt: ...argsyan's Answer and Cross-Complainant are STRICKEN AN DEFAULT ENTERED on the complaint. The Cross-Complaint is dismissed without prejudice. Plaintiff/Cross-Defendant Liwei Ji's alternative Motion for Evidentiary or Issue Sanctions is MOOT. Plaintiff/Cross-Defendant Liwei Ji's Request for Monetary Sanctions is GRANTED against Defendant/Cross-Complainant Edgar Sargsyan in the amount of $1,460.00 payable to the client trust account of Plaintiff's C...

Excerpt: ...& S Import-Export, Inc.'s Demurrer to the 2nd COA is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. 3. Leave to amend is limited to curing the defects identified and not for adding new causes of action. 4. Praeventus Solutions', Chaminda De Silva's and G & S Import-Export, Inc.'s Motion to Strike Attorney fees is GRANTED WITHOUT LEAVE TO AMEND. Introduction Defendants G&S Import-Export, Inc. (G&S,) Chaminda De Silva (De Silva,) and Praeventus Solutions, ...

Excerpt: ...onal insults in verbal or written communications between Mr. Stankie and the Colman law firm pending the hearing. Also, Mr. Stankie is not to send communications addressed to any person at the Colman firm other than an attorney. 2. DEFENDANT RAMIREZ'S MOTION FOR PROTECTIVE ORDER The court has considered the request for protective order filed by defendant Ramirez and issues the following tentative ruling. Where it says “no answer” then no answ...

Excerpt: ...f action and limited to curing the pleading defects identified. Introduction Defendants Maria Kazakos (Maria [1] ) and Steven Kazakos (Steven) (collectively “Defendants”) demur to Plaintiff Kayla Law's (“Plaintiff”) Complaint. Defendants put into issue all seven causes of action (COA.) Defendants also move to strike punitive damages. Plaintiff has not opposed either motion. Discussion Defendants argue that the sixth COA for Rescission is ...

Excerpt: .... Cross- Defendant Lana Toney is ordered to serve CODE COMPLIANT responses and production without objections within 15 days. Cross-Complainant 805 Escrow, Inc.'s requests for judicial notice attached to the Motion and Reply are DENIED. Cross-Complainant 805Escrow, Inc.'s request for monetary sanctions against Cross- Defendant Lana Toney is GRANTED in the amount of $1,580.00 payable to the client trust account of Patrick Garofalo within 30 days. I...

Excerpt: .... Both sides here are at fault. In particular, the demurring parties should have sought a court order beyond these deadlines. Despite that, everything else was also filed late. Therefore, the court will hear the demurrer on the merits but warns all parties that IN THE FUTURE they are to strictly follow ALL statutory deadlines or else seek an ex parte order or, a written stipulation and order, to extend them. This will be the court's only warning ...

Excerpt: ...y unenforceable under California's usury laws. The contract provided for a 10% per month “penalty” on the unpaid loan balance, which equals 120% per year. Additionally, although the testimony established that only $102,389 was paid by plaintiff to defendants, $146,866 was to be paid on the contract in 6 months, an interest rate of over 40% per year. Plaintiff failed to establish that he was an exempt lender under California law which would al...

Excerpt: ...Defendants are not prejudiced from refiling a Special Motion to Strike solely as to the Third Cause of Action after an amended complaint amending the Third Cause of Action is filed. Defendants Sagar Parikh and Beverly Hills Law Corp.'s request for costs is DENIED. Defendants Sagar Parikh and Beverly Hills Law Corp.'s Request for Judicial Notice is DENIED as to Exhibits A, B, and D and GRANTED as to Exhibit C but not as to any hearsay or facts in ...

Excerpt: ...is DENIED WITHOUT PREJUDICE. Discussion Plaintiff Santiago Nunez (“Plaintiff”), in his representative capacity, must provide sufficient facts to show that the settlement is fair, reasonable and adequate (Govt. C. sec.12652) or “fair to those affected” (Williams v Superior Court (2017) 3 Cal. 5th 531, 549; see also Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, as modified (Sept. 30, 1996); Kullar v. Foot Locker Retail, Inc. (2008) 168...

Excerpt: ...ction is SUSTAINED, without leave to amend. 2. Defendant's Demurrer to Plaintiffs' second, third, fourth, and fifth causes of action is SUSTAINED, with 20 days leave to amend. Defendant's Motion to Strike Portions of Second Amended Complaint is MOOT because of the demurrer rulings. INTRODUCTION On October 5, 2021, Zhirayr Alepyan and Leyla Karapetyan, as Trustees of the Alepyan Family Trust Dated November 11, 2013 (“Plaintiffs”), filed the op...

Excerpt: ...fs”) from lease agent Keyes European, LLC (“Keyes”). On March 22, 2019, Plaintiffs and Keyes entered into a lease agreement for the Subject Vehicle (the “Lease”). (Declaration of Soheyl Tahsildoost (“Tahsildoost Decl.”), Exhibit 2 (for a copy of the Lease), pp. 2- 3.) The Lease includes an arbitration provision which provides that any disputes arising out of or related to the Lease shall be resolved by binding arbitration on an indi...

Excerpt: ... following have been completed: Joint witness list 10/1/2021 Joint exhibit list 10/1/2021 Joint jury instructions 10/4/2021 Joint statement of the case 10/1/2021 In addition, still needed ‐ Verdict forms and printed out, fully edited jury instructions, time estimate for defendants' witnesses. No jury panel will be called up until all the above are completed. B. TENTATIVE RULINGS ON MOTIONS IN LIMINE The court notes several of the motions are un...

Excerpt: ... res ipsa loquitur. Plaintiff Solar Hydrogen Holdings, Inc.'s Request for Judicial Notice is GRANTED but not as to any hearsay contained therein or facts that are in dispute. Defendants Crown Commercial Properties, LLC and TMW Corporation dba Aero- Chrome Plating Request for Judicial Notice is GRANTED but not as to any hearsay contained therein or facts that are in dispute. Rulings on Evidentiary Objections are separately entered. INTRODUCTION Pl...

Excerpt: ... WITHOUT LEAVE TO AMEND except as to listed item nos. (6), (8) and (11) in the Notice to the Motion to Strike . The motion is DENIED as to listed item nos. (6) and (11) in the Notice to the Motion to Strike. The motion is MOOT as to listed item no. (8) in the Notice to the Motion to Strike. Defendant Kevin Hart's Request for Judicial Notice is GRANTED but not as to any facts in dispute or hearsay. Demurrer: Defendant Kevin Hart (“Defendant”) ...

Excerpt: ...iff Ricardo Rivas seeks an order enforcing a “settlement agreement” between plaintiffs and defendant Khechumyan for $80,000. The written evidence of a “settlement agreement” are the following: 1. Email dated 5/3/2021 from counsel for defendant Khechumyan to plaintiff's counsel which states: “In response to your settlement demand of $200,000.00, on April 15, 2021, we spoke to you by telephone to communicate an offer to settle your client...