Excerpt: ...pplemental Demand for Production of Documents and to Compel Attendance at Deposition are GRANTED. Plaintiff is ordered to serve verifications to her responses attached to her opposition within 20 days. As this order will be served by mail, there will be an additional 5 days added. The motion to compel deposition is GRANTED and plaintiff shall appear at a deposition, only a mutually convenient date and time, within 30 calendar days from today. The...

Excerpt: ...TH 10 DAYS LEAVE TO FILE “AMENDMENT TO THE CROSS-COMPLAINT” as to the second cause of action for Breach of Fiduciary Duty. The leave to amend is restricted to curing the pleading defect identified below and is not for the addition of any new causes of action. As such, Cross- Complainants are limited to filing an “Amendment to the Cross-Complaint” to allege over- billing under the second cause of action and are prohibited from filing a com...

Excerpt: ...cial Notice is GRANTED but not as to any hearsay or facts at issue. INTRODUCTION Plaintiffs Guy Roche, Michaeline Roche, Michael Davoodifar, Golnaz Davoodifar (collectively “Plaintiffs”) move summary judgment or alternatively summary adjudication as to their Complaint seeking to renew their February 28, 2008, judgment (“Existing Judgment”) against Defendant Yoram Yehuda (“Defendant”) entered in Roche, et. al. v Yehuda, et. al., Case N...

Excerpt: ...dant Michael Farhood (“Farhood”) moves to set aside the default entered against him. Procedure Farhood's motion to set aside the default entered on May 4, 2021 is deemed MOOT due to the filing of the First Amended Complaint (“FAC”) on June 1, 2021. The Court notes that the FAC made substantive changes in the causes of action alleged against Farhood. Due to the substantive changes, the prior default has been “opened.” Carrasco v. Craft...

Excerpt: ... Dept. T 8:30 a.m. Hearin g: June 21, 2021 [TENTATIVE] ORDER: The Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Introduction Defendant US Bus Charter & Limo Inc., named as “US Coachways, Inc.” (“Defendant”) demurs to all three Causes of Action (“COA”) alleged in the Complaint (“Compl.”) filed by Plaintiffs Lucidio Sanchez Mejia, et. al. (“Plaintiffs.”) The three COAs alleged are: negligence, negligent hir...

Excerpt: ... Dept. T 8:30 a.m. Hearin g: June 21, 2021 [TENTATIVE] ORDER: The Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Introduction Defendant US Bus Charter & Limo Inc., named as “US Coachways, Inc.” (“Defendant”) demurs to all three Causes of Action (“COA”) alleged in the Complaint (“Compl.”) filed by Plaintiffs Lucidio Sanchez Mejia, et. al. (“Plaintiffs.”) The three COAs alleged are: negligence, negligent hir...

Excerpt: ...0 to Mike Vo. Total fees = $104,617.50. Introduction Defendants Dennis P. Riley; Rena Kreitenberg; Mesisca, Riley & Kreitenberg, LLP; Demarais Riley (collectively “Attorney Defendants”) and Defendants Jack Vaughn, Esmeralda Hernandez; Wayne Hart; Carlos Rodriguez and Ernest Johnson (collectively “Tenant Defendants”) (all parties collectively referred to as “Defendants”) move for attorneys' fees incurred in the appeal filed by Plaintif...

Excerpt: ...on the limiting language set forth below and denied as to the scope of the demand being “any and all.” The Court orders the production of medical and psychological records, inclusive of sign- in sheets, medical reports, records, photos, notes, including mental health, psychiatric, psychological notes, x-rays, insurance information, path reports, inpatient treatment and outpatient treatment records, tests and test results, and billing records,...

Excerpt: ...on for Summary Adjudication is DENIED as to both the Second and Fifth Causes of Action. 1. INTRODUCTION Cross-Defendants A.G. Properties, Inc. ("AGP") and Jonathan Silver ("Silver") (collectively Cross-Defendants move for summary adjudication ("MSA") against the First Amended Cross- Complaint ("FACC") filed by Greg Linzner ("Linzner") and Nicole Pearlman ("Pearlman") (collectively "Linzners.") The motion places into issue the Second cause of acti...

Excerpt: ...des Benz Financial Services USA LLC (“Defendant”) demurs to the complaint filed by Plaintiff Farzan Azinkhan (“Plaintiff.”) The demurrer places into issue the two causes of action (“COA”) alleged: 1) violation of CC sec. 1785.25(a) (“CCRAA Violation”) and 2) violation BPC sec. 17200 (“UCL Violation.”) The opposition was due May 11, 2021 and the Court file reflects none being filed. Discussion The first COA expressly claims a v...

Excerpt: ...tice is GRANTED except as to any hearsay and matters in dispute. The Third Amended Complaint is not judicially noticed for any evidentiary purposes. ‐‐ Plaintiffs' Request for Judicial Notice is GRANTED except as to any hearsay and matters in dispute. The Third Amended Complaint is not judicially noticed for any evidentiary purposes. ‐‐ Ruling on Defendant's evidentiary objections filed on April 23, 2021 is set forth below. Plaintiffs' Op...

Excerpt: ...________ 8:30 a.m. Dept. T CIVILITY ORDER NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE: The court orders continuance of the CMC to _____________, 2021 at 8:30 a.m. in Dept. T. Both sides are to meet and confer prior to the CMC per California Rules of Court 3.724 and 3.727 and file a Joint Statement no later than 5 court days prior to the CMC as to those issues. First draft of the Joint Statement is to be prepared by plaintiff, and the fina...

Excerpt: ... Defendants' Request for Judicial Notice is GRANTED. Introduction Defendants 19035 Sherman Apts. LP (“Sherman”) and Berkeley Management, Inc., LLC (“Berkeley”) (collectively “Defendants”) moves to strike the Complaint's request for attorney fees, treble damages, and punitive damages. Discussion As for attorney fees, the Complaint fails to allege the specific grounds for the requested relief. It is noted that the prayer of the Complain...

Excerpt: ...f good faith and fair dealing. The unopposed Motion to Strike is GRANTED WITH 30 DAYS LEAVE TO AMEND. The Request for Judicial Notice is GRANTED but not as to any hearsay or disputed facts. Introduction The court notes that this matter was set to be heard on March 2, 2021. Plaintiffs substituted into the case as self represented litigants on Feb. 24, 2021. Plaintiffs requested a continuance in order to obtain an attorney and/or oppose the demurre...

Excerpt: ...within 10 days. INTRODUCTION Defendants Bassam K. Bejjani, M.D. and Bassam K. Bejjani, M.D., Inc. (collectively “Defendants”) demur to all eight causes of action (“COA”) in the First Amended Complaint (“FAC”) filed by Plaintiff M. M. (“Plaintiff.”) The COAs at issue are violation of the Unruh Act, Gender Violence, Sexual Harassment, Sexual Battery, Sexual Assault, Intentional Infliction of Emotional Distress (“IIED”), Negligen...

Excerpt: ...ORDER: The Motion for Issue and Evidentiary Sanctions is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED as to the issue/evidentiary sanctions so as to state: “It is deemed proven and established for the purposes of this action that AGP underreported its payroll to its workers' compensation insurer during the period from 2016 to 2019; and AGP is prohibited from introducing evidence contradicting the afore-mentioned issue sanction.” ...

Excerpt: ...HE COURT MUST HAVE A PROOF OF SERVICE ATTACHED SHOWING SERVICE BY EMAIL ON OPPOSING COUNSEL AND SIGNED UNDER OATH BY AN ADULT - NOT THE PLAINTIFF. FAILURE TO ATTACH THE PROOF OF SERVICE TO FUTURE DOCUMENTS MAY RESULT IN THE COURT STRIKING THE PLEADING. [TENTATIVE] ORDER: The Demurrer to the First Amended Complaint is OVERRULED as to the 2nd, 4th, 5th, 6th, 7th, 12th, 17th, and 18th Causes of Action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3...

Excerpt: ...Family Trust dated November 11, 2003 (collectively “Alepyans”) and Defendants, Allen Hershberg, individually and trustee of the Allen Hershberg IRA (“Hershberg”), Next Generation TS FBO Allen Hershberg IRA 2750 (“Next Generation”), and Magnum Property Investments, LLC (“Magnum”) (collectively “Settling Parties”) move for determination of good faith settlement as to their Amended Settlement Agreement (“ASA”.) Defendant, Cro...

Excerpt: ...ENIED. The Motion for Leave to File a First Amended Complaint is GRANTED. 1. INTRODUCTION Defendant Smart Saver Magazine, Inc. (“Defendant”) moves for judgment on the pleadings against the Complaint filed by Plaintiff Creditors Adjustment Bureau, Inc. (“CAB” or “Plaintiff.”) Plaintiff moves for leave to file a First Amended Complaint. As alleged in the Complaint, the multiple agreements at issue identify Defendant Smart Saver Magazine...

Excerpt: ... RESPONSE ARE NOT CODE COMPLIANT. [TENTATIVE] ORDER: The Motion to Compel Further Responses to Request for Production Set 1 is GRANTED as to demand #7, 10‐14, 21‐24, and 27‐30. Code Compliant responses and production due in 20 days, 1. Introduction This is a lemon law action arising out of Plaintiff Michael Emilio Moreno (“Plaintiff”)'s purchase of a Ford Truck S‐DTY F‐250 2016 Vehicle Identification Number IFT7W2BTXGEA37814 (the �...

Excerpt: ... granting the motion requires defendant Diamond Professionals International to serve verified supplemental responses without stating any objections or “without waiving”objections within 20 days. Monetary sanctions awarded against defendant Diamond Professionals International for discovery abuse pursuant to CCP section 2023.010 in the sum of $3,000 payable to client trust account of plaintiff's counsel within 30 days. Defendant acted without s...

Excerpt: ...rvice of Plaintiff Ladislav P. Petrovsky's (“Plaintiff”) Summons and Second Amended Complaint (“SAC”) on the grounds that the Court lacks personal jurisdiction over her. 2. Discussion Even though the Defendant is the moving party, the Plaintiff bears the burden of proof to demonstrate that the Court has personal jurisdiction. (Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710.) Due process permits the exercise of personal jurisdicti...

Excerpt: ...November 2, 2020, Plaintiff Fateh Manesh filed a first amended complaint (“FAC”) against Defendants Reza Pour and Schyna Pour (collectively, “Defendants”). On December 18, 2020, Defendants filed this demurrer. 1. FACTUAL BACKGROUND Plaintiff Fateh Manesh alleges the following: In 1995, Defendant Reza Pour obtained a judgment of $50,000.00 against Plaintiff Fateh Manesh (“Judgment”). (Defendants' RJN, Ex. 3; FAC ¶ 5.) On October 31, 2...

Excerpt: ... AmWINS Access Insurance Services, LLC and Justin Pizzola dba Pizzola Insurance Agency, LASC Case No. LC106247 and Solutions Plus Management, LLC v. Nautilus Insurance Company, LASC Case No. 19VECV01070. 2. All further pleadings and papers will be filed only in Case No LC106247 and shall indicate as consolidated with Case No. 19VECV01070. 3. A copy of this order shall be filed in each action consolidated by this order. INTRODUCTION Plaintiff Solu...

Excerpt: ... v. AmWINS Access Insurance Services, LLC and Justin Pizzola dba Pizzola Insurance Agency, LASC Case No. LC106247 and Solutions Plus Management, LLC v. Nautilus Insurance Company, LASC Case No. 19VECV01070. 2. All further pleadings and papers will be filed only in Case No LC106247 and shall indicate as consolidated with Case No. 19VECV01070. 3. A copy of this order shall be filed in each action consolidated by this order. INTRODUCTION Plaintiff S...