Excerpt: ...l Notice is DENIED. Introduction Plaintiff Dennis Stankie (“Plaintiff”) moves to compel further responses to Special Interrogatories Set One (“SI”) served upon Defendant Gabriel Ramirez (“Defendant.”) Plaintiff further requests his costs for filing the motion as sanctions. Defendant opposes the motion and requests sanctions of $595.00 against Plaintiff. Plaintiff further submitted a request for judicial notice (“RJN”) with the Rep...

Excerpt: ...to grant a motion to augment. Accordingly, the court addresses each of these issues. The court notes that there are mandatory statutory requirements in order to grant this motion. Plaintiffs' counsel addresses it solely as a matter of equity but fails to submit credible evidence to support the mandatory considerations. CCP section 2034.620 states: The court shall grant leave to augment or amend an expert witness list or declaration only if all of...

Excerpt: ...and SUSTAINED WITH LEAVE TO AMEND as to the Fifth Cause of Action. The Demurrer to the Third Cause of Action is MOOT due to its withdrawal by moving parties. Plaintiff is granted 20 days leave to file an “Amendment to the SAC” (and not a “Third Amended Complaint”) to plead the itemization of expenses under the Eleventh Cause of Action for Failure to Reimburse Expenses and to plead where the fraudulent misrepresentation took place as to th...

Excerpt: ...and SUSTAINED WITHOUT LEAVE TO AMEND as to the Fifth Cause of Action for Fraud. The Demurrer to the Third Cause of Action is MOOT due to its withdrawal by moving parties. Plaintiff is granted leave to file an “Amendment to the SAC” (and not a “Third Amended Complaint”) to plead the itemization of expenses under the Eleventh Cause of Action for Failure to Reimburse Expenses. Defendants FaceCake Marketing Technologies, Inc., Linda, and Ron ...

Excerpt: ...egation stating: “even calling the police stating Plaintiff was beating his roommate and when the police came, not only Plaintiff was not there, but also the roommate was sleeping and when woke up with the police, could testify that nothing happened.” The Motion is DENIED as to the portion of the allegation stating: “Multiple episodes happened in the past few months, where Defendant Dilfuza Ibragimova made it clear that she didn't want Plai...

Excerpt: ...nt (“FAC”) filed by Plaintiff K.W. (“Plaintiff.”) Discussion Defendant failed to show compliance with the meet and confer requirements, as required under CCP sec. 435.5. Defendant did not attach to the motion a declaration from counsel nor did Defendant file separately a declaration from counsel stating their efforts to comply with the meet and confer statute. However, Plaintiff does not object to the defect and the Court sees no prejudic...

Excerpt: ...and sixth causes of action. Defendants have 20 days to answer the Third Amended Complaint. 1. Introduction Defendant David Sternlight (“Sternlight”) and Defendant Cabeau, Inc. (“Cabeau”) (collectively “Defendants”) each filed their own demurrer to the Third Amended Complaint (“TAC”) filed by Plaintiff Upside Health, Inc. (“Plaintiff.”) Sternlight's demurrer places into issue the fourth Cause of Action (“COA”) for conversio...

Excerpt: ...s 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 or facts that are in dispute. Introduction Plaintiff Solar Hydrogen Holdings, Inc. (“Plaintiff”) moves for summary adjudication (“MSA”) as to several Affirmative Defenses (“AD”) alleged in the Answer filed by Defendant Crown Commercial Properties, LLC (“Crown...

Excerpt: ... for Production of Business Records Only to Contractors State License Board is GRANTED in Part and DENIED in Part. The request to quash Document Demand nos. 1-7 in their entirety as to Plaintiff and Cross-Defendant Orian Construction and Roofing, Inc. and Cross-Defendant Yosef Merhav is DENIED. The request to quash Document Demand no. 8 in its entirety as to Cross-Defendant Yosef Merhav is GRANTED. If, however, the request pertains to events in t...

Excerpt: ... as to punitive damages and DENIED as to the first and second causes of action for negligence and negligent entrustment. Defendant Troy Heidtmann's Request for Judicial Notice is DENIED as to Exhibit 2 and GRANTED as to the remaining exhibits except as to any facts in dispute or hearsay. 1. Introduction Defendant Troy Heidtmann (“Defendant”) moves for summary judgment (“MSJ”) against the First Amended Complaint (“FAC”) filed by Plaint...

Excerpt: ...n dispute or hearsay. Plaintiffs Shamel and Farideh Sanani's Request for Judicial Notice is DENIED as to all exhibits. Defendant Mohammed Asadi's Objections against Plaintiffs Shamel and Farideh Sanani's Request for Judicial Notice is MOOT because the Court denied Plaintiffs' Request for Judicial Notice. Introduction Defendant Mohammed Asadi (“Defendant”) demurs to the second cause of action (“COA”) for breach of contracts alleged in the ...

Excerpt: ...nt”) demurs to the Complaint filed by Plaintiffs Donise McIntryre; Hector Lara; Amaya Lara, a minor; Akira Lara, a minor; and Alexa Lara, a minor (collectively “Plaintiffs.”) Specifically, Defendant places into issue the fifth cause of action (“COA”) for Intentional Infliction of Emotional Distress (“IIED.”) Defendant also moves to strike the allegations in support of IIED and the request for punitive damages. Discussion Defendant a...

Excerpt: ...annot determine how much time is allowed to complete the deposition because it was not provided with the entire transcript. Defense counsel shall file or lodge a complete copy of the deposition so the court can determine that time limit. ______________________ Defendants' Motion to Compel Special Interrogatories, Set 2: Granted. There was a stay of discovery from 7/26/2021 through 9/27/2021. Mr. Stankie was directed to make a good faith effort af...

Excerpt: ...iscuss whether the trial will be by jury or a bench trial, time estimate and proposed dates. [TENTATIVE] ORDER: Plaintiff John Doe's Motion for Leave to File a Second Amended Complaint is GRANTED. The Second Amended Complaint must be separately served and efiled within 21 days. INTRODUCTION Plaintiff John Doe (“Plaintiff”) moves for leave of Court to file a Second Amended Complaint to plead the facts supporting the allegations against Defenda...

Excerpt: ...ially moves to strike the Cross-Complaint (“XC”) filed by Cross-Complainant Elisha Fara Landman (“Cross-Complainant.”) Cross-Complainant places into issue each of the four causes of action (“COA”) alleged: 1) harassment, 2) intimidation, 3) interference with covenant of quiet enjoyment, and 4) public disclosure of private facts. Procedure Cross-Defendant objects to the untimely filing and service of the Opposition. Cross-Complainant w...

Excerpt: ... is limited to curing the defects identified below (i.e.: alleging a negligence per se cause of action as the Third Cause of Action and pleading specific facts as to the Fourth Cause of Action, and pleading Punitive Damages under the Second Cause of Action, see below) and not to add new causes of action. The Motion to Strike Portions of the First Amended Complaint is GRANTED WITH 10 DAYS LEAVE TO AMEND as to Punitive Damages under the Second Caus...

Excerpt: ...aintiff.”) The Demurrer places into issue the Second Cause of Action (“COA”) for negligence. Discussion Defendant argues that the negligence COA fails to allege sufficient facts and is uncertain Defendant contends the elements of negligence are not supported by fact pleading. Defendant further argues that there are no additional facts specifically alleged against Defendant (ie: the incorporation allegations are insufficient.) The Complaint ...

Excerpt: ... 71; and Prayer Paras. 1, 4, and 8. (3) The Motion to Strike is DENIED as to portions of paras. 5 and 47, and the entirety of para. 32. (4) The Request for Judicial Notice is GRANTED but not as to any facts in dispute or hearsay. (5) The Request for Joinder to the instant motions by Defendant Shahen Minassian is MOOT. Mr. Minassian has been dismissed. (6) The Request for Joinder to the instant motions by Defendant Arthur Minassian is GRANTED. (7)...

Excerpt: ...d as to this discovery. This is without prejudice to defendant's seeking additional continuance if the responses are insufficient and a motion to compel is required. DENY WITHOUT PREJUDICE CONTINUANCE OF TRIAL AND FSC. Because there is sufficient time to complete this discovery without moving the Trial and FSC dates, the application is denied without prejudice. FSC and Trial remain scheduled for 10/4/2021 at 10 a.m. TRIAL AND FSC ORDERS: Counsel ...

Excerpt: ... action against this defendant, defendant to submit a proposed judgment. Introduction Defendant Wilmington Savings Fund Society, FSB, DBA Christiana Trust, not Individually but as Trustee for Pretium Mortgage Acquisition Trust, erroneously sued as Wilmington Savings Fund Society FSB DBA Christina Trust as Trustee for Premium Mortgage Acquisition Trust (“Defendant” or “Wilmington”) moves for judgment on the pleadings against portions of th...

Excerpt: ...every effort made to avoid a motion. Verified answers without objection due in 30 days. After answers are served, substantial efforts to resolve are required before another motion including talking to each other in person by phone or preferably by video conference. Request for Admission: Verified code compliant answers without objection due in 30 days. Prospective sanctions are not awarded in view of the failure to call counsel to inquire as to t...

Excerpt: ...ng defects identified below and not to add new causes of action. Introduction Defendant Behrooz Salim (“Defendant”) moves for judgment on the pleadings against the Complaint filed by Plaintiff Bijan Yaghoobia (“Plaintiff.”) The motion places into issue the third cause of action (“COA”) for fraud and deceit, the fourth COA for conspiracy, the fifth COA for intentional interference with prospective economic advantage (“Interference”...

Excerpt: ...The arbitration award was entered on April 14, 2021 and Arbitrator Holsinger (“Arbitrator”) granted Respondent The Transportation Corporation's (“TTC”) motion to dismiss. Despite the caption of the Petition only marking the box to “vacate” the award, the body of the Petition shows that Johnson additionally requests the Court to “correct” the award to be in his favor in the amount of $162,000 plus the injunctive relief of reinstate...

Excerpt: ...dered to provide further verified supplemental responses in Code compliant form within 15 days. Monetary sanctions are awarded against defendant in the sum of $1,500 for discovery abuse without substantial justification and failure to comply with court order, per CCP section 2031.310, payable to client trust account of plaintiff's counsel within 30 days. The court denies the request for prospective monetary sanctions; however, if there is continu...

Excerpt: ... WITHOUT LEAVE TO AMEND as to the seventh cause of action. The leave to amend is granted to cure the defects identified by the Court and not to add new causes of action. Introduction Defendants One Week Bath, Inc. (“OWB”) and Matt Plaskoff (“Plaskoff”) (collectively “Defendants”) demur to the Complaint filed by Plaintiff/Trustee Grant Norris (“Plaintiff.”) The Demurrer places into issue the First, Third, Fifth, Sixth and Seventh c...