Excerpt: ... (“COA”) alleged in the Complaint (“Compl.”) filed by Plaintiff Matthew Modaraei (“Plaintiff.”) The Complaint alleges defamation, negligence, intentional interference with prospective economic relations (“Interference”), intentional infliction of emotional distress (“IIED”) and negligent infliction of emotional distress (“NIED.”) Plaintiff alleges that Defendant made defamatory statements asserting that Plaintiff committed...

Excerpt: ...hao Gai (“Plaintiff.”) The demurrer places into issue the first cause of action (“COA”) for breach of contract and the second COA for breach of the implied covenant of good faith and fair dealing. There has been no timely reply. Procedure Defendant was added to the TAC by Doe Amendment as Doe 1. However, the TAC only alleges that the third COA for professional negligence is alleged against Doe Defendants. The first two COAs, that are plac...

Excerpt: ...or Judicial Notice submitted with the Reply is DENIED as to Exhibits 1, 2 and 5 and GRANTED as to Exhibits 3 & 4 but not as to any facts in dispute. 1. INTRODUCTION Cross-Defendant Liwei Ji (“Ji”) demurs to the Cross-Complaint (“XC”) filed by Cross- Complainant Edgar Sargsyan (“Sargsyan.”) The demurrer places into issue all six causes of action (“COA”) for breach of oral contract, money owed, intentional misrepresentation, neglige...

Excerpt: ...rrer. Issues of ability to prove the facts or credibility are not assessed at the time of demurrer. -- The court denies the motion to strike as to all allegations except grants and strikes Paragraphs B and C (attorney fees and punitive damages.) --Defendant has 25 days to answer the complaint. --Separately filed Motion to Amend denied without prejudice because of plaintiff's failure to comply with California Rules of Court, Rule 3.1324, see below...

Excerpt: ...nant of 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 Defendant Pennymac Loan Services, LLC (“Defendant”) demurs to the Complaint filed by Plaintiffs Harvey and Beverly Williams (collectively “Plaintiffs.”) The demurrer places into issue all four causes of action (“COA”) alleged: 1)...

Excerpt: ...L ARE DIRECTED TO REVIE W THE STATE BAR AND LASC RULES ON CIVILITY IN DETERMINING ITS RESPONSE TO THE REQUEST FOR CONTINUANCE AND INDICATE ITS RESPONSE ACCORDINGLY. HARVEY J. WILLIAMS; et. al., Plaintiff, vs. CASE NO: 20VECV00483 [TENTATIVE] ORDER RE: DEMURRER & MOTION TO STRIKE Dept. T 8:30 a.m. March 2, 2021 PENNYMAC LOAN SERVICES, LLC; et. al. Defendants. [TENTATIVE] ORDER: The unopposed Demurrer to the Complaint is SUSTAINED WITH 30 DAYS LEAV...

Excerpt: ...uest within the Reply for an order to evict is DENIED. The Court orders the matter to be reinstated onto the active roll/calendar. A First Amended Complaint (FAC) was filed on 2/5/2021. The court sets an OSC Re Service of the FAC, entry of default on the FAC or filing a response to FAC on 3/22/2021 at 8:30 a.m. INTRODUCTION Defendants Steve Amanatullah aka Mustafa F. Amanatullah (“Steve”) and Heidi Amanatullah (“Heidi”)[1] (collectively �...

Excerpt: ...deposition of Dr. Hanna will be taken only once and not until after expert designation. Production of documents not to take place until statutory period prior to deposition. 2. Motion to Compel Deposition of Dr. Hanna and for production of records filed by plaintiff on 8/20/2020 Tentative Ruling: Deny. Deposition subpoena was not personally served. CCP section 2020.220. Accordingly, the court does not have jurisdiction to order Dr. Hanna to appea...

Excerpt: ...pursuant to C.C.P. section 426.16(c) in the sum of $14,552.00. The court directs defendants to submit a proposed judgment on attorney fees A special motion to strike was filed by these moving defendants. After the special motion to strike was filed and set for hearing on 10/16/2020, the court posted its tentative ruling on 10/13/2020 granting the special motion to strike and then on 10/14/2020, plaintiff voluntarily dismissed her case. A moving p...

Excerpt: ...Specialty Insurance Company's “Reply to Defendants Objections to Evidence” filed on January 22, 2021 was reviewed and it does not change the Court's January 21, 2021 ruling on Defendants' evidentiary objections to Plaintiff's evidence. INTRODUCTION Plaintiff Navigators Specialty Insurance Company (“Plaintiff”) moves for summary judgment or, alternatively, summary adjudication on their Second Amended Complaint (“SAC”) filed on 2/26/202...

Excerpt: ...] ORDER: -- Defendant/Cross-Defendant Sherman Oaks Fashion Associates, L.P.'s Motion for Summary Judgment or in the Alternative for Summary Adjudication against Plaintiff and Cross-Complaint International Coffee & Tea, LLC is DENIED in its entirety. The court finds there are triable issues of material fact which requires the trier of fact to decide the case. -- Cross-Complainant Sherman Oaks Fashion Associates, L.P.'s Motion for Summary Adjudicat...

Excerpt: ...ts in the amount of $5,240.70 payable by plaintiff to client trust account of counsel for defendants. INTRODUCTION Defendants The Law Office of Matthew P. McCue, Corp., Paronich Law, P.C. and Broderick Law, P.C. move the court for an award of $71,710.00 in attorneys' fees and $5,240.70 in costs pursuant to CCP § 1717, after final adjustments made in reply. The court previously awarded these Defendants $33,500.00 in attorneys' fees and $903.00 in...

Excerpt: ...of action asserted against him in the complaint filed by Plaintiff Montia Sabbag: negligence; negligent infliction of emotional distress; negligent supervision; intentional infliction of emotional distress; invasion of privacy - intrusion upon seclusion; invasion of privacy - public disclosure of private facts; invasion of privacy - false light; and violations of California Constitution - right to privacy. The court notes that the causes of actio...

Excerpt: ...ts”) demur against the First Amended Complaint (“FAC”) filed by Plaintiffs Shahla Tehrani Broomand and Reza Manesh (“Plaintiffs”). The demurrer places into issue the first cause of action (“COA”) for independent action in equity to set aside and vacate judgment for lack of personal jurisdiction and the second COA for independent action in equity to set aside and vacate judgment for extrinsic fraud or mistake. Although Plaintiffs fai...

Excerpt: ...3; GRANTED WITHOUT LEAVE TO AMEND as to Civil Penalties in Prayer pg. 18:13 under CC §§1941, 1942 and 1942.4; and GRANTED WITH LEAVE TO AMEND as to Civil Penalties in Prayer pg. 18:13 under CC §1942.5. 1. INTRODUCTION Defendants Adelheid Coeler, individually and as Trustee of the Coeler Trust (“Coeler”); and P.A.C. Properties Management, LLC (“PAC”) (collectively “Defendants”) demur to the Complaint filed by Plaintiffs Lala Grigory...

Excerpt: ... 30 DAYS LEAVE TO AMEND. Claims for attorney fees must comply with Business and Professional Code and State Bar Rules. Characterizing the money owed as “money had and received” or “common counts” does not obviate the plaintiff's obligation to give statutory notice of right to mandatory fee arbitration nor does the assignment of the right to receive the benefits from the law firm assigned to an inactive lawyer. 2. Defendant Bank of America...

Excerpt: ...rial fact on the issue of duty on the claims for negligence and negligent supervision, and failed to establish a triable issue of material fact on the issue of damages on the claim for fraud and intentional infliction of emotional distress. Plaintiff's request for leave to amend the negligence and negligent supervision causes of action is DENIED. Defendant's evidentiary objections are ruled upon separately. 1. INTRODUCTION Plaintiff filed a compl...

Excerpt: ... is GRANTED but not as to matters that are in dispute or hearsay. 1. INTRODUCTION Defendant Ferdan Balanay Dacayanan dba Centerline Construction (“Defendant”) demurs to the First Amended Complaint (“FAC”) filed by Plaintiff Avi Shlanger (“Plaintiff.”) The demurrer places into issue the first cause of action (“COA”) for equitable indemnity, the second COA for restitution and the third COA for violation of BPC §17200. 2. DISCUSSION...

Excerpt: ...E, TIME AND LOCATION WITHIN 20 DAYS. REQUEST FOR PROTECTIVE ORDER IS DENIED. NO TENTATIVE ORDER ON SANCTIONS. This is a motion to compel Michael Boyd, the CFO of defendant Tri-Tech, to appear and resume his deposition which was started on 9/22/2020. The court has reviewed the papers filed in support of and in opposition to the motion, the complete transcript of the deposition (except the court did NOT review the exhibits to the deposition) and au...

Excerpt: ...al Notice as to Exhibit 1 is GRANTED except as to matters in dispute and as to Exhibit 2 is DENIED. Answer to be filed within 20 days. INTRODUCTION Defendants Marquee Funding Group Inc (“MFG”), Megan Lagerson (“Lagerson”) and Ryan Solovy aka R.J. Solovy (“Solovy”) (collectively “Defendants”) demur to the Second Amended Complaint (“SAC”) filed by Plaintiff North American Title Insurance Company (“NATIC” or “Plaintiff.”)...

Excerpt: ...al Notice as to Exhibit 1 is GRANTED except as to matters in dispute and as to Exhibit 2 is DENIED. Answer to be filed within 20 days. INTRODUCTION Defendants Marquee Funding Group Inc (“MFG”), Megan Lagerson (“Lagerson”) and Ryan Solovy aka R.J. Solovy (“Solovy”) (collectively “Defendants”) demur to the Second Amended Complaint (“SAC”) filed by Plaintiff North American Title Insurance Company (“NATIC” or “Plaintiff.”)...

Excerpt: ...ry objections are ruled upon separately. INTRODUCTION Cross-Defendants Karl Perman (“Perman”) and Niko Honarbakhsh (“Honarbakhsh”) (collectively “Cross-Defendants”) specially move to strike the first cause of action (“COA”) for Civil Extortion and/or the second COA for Abuse of Process in the Cross-Complaint (“XC”) filed by Cross-Complainants Yuliya Gayevska (“Gayevska”) and Balboa Real Estate Holdings LLC (“Balboa”) (...

Excerpt: ...or to any facts in dispute. Plaintiff KLA BPL Portfolio Owner, LLC's request for judicial notice is GRANTED but not as to any hearsay nor to any facts in dispute. NFP and Ross to answer the First Amended Complaint within 20 days. INTRODUCTION Defendants' NF Plant Enterprises, LP (“NFP”) and Ross Stores Inc. (“Ross”) (collectively “Defendants”) filed separate demurrers to the First Amended Complaint (“FAC.”) Both demurrers place in...

Excerpt: ...ttlement meets the requirements of Tech‐Bilt, et al., etc. INTRODUCTION Defendant, Cross-Defendant, and Cross-Complainant County Records Research, Inc. (“CRR”) seeks an order to deny the application for determination of good faith settlement made by Plaintiffs Zhirayr Alepyan and Leyla Karapetyan, as Trustees of the Alepyan Family Trust dated November 11, 2003 (collectively “Alepyans”) and Defendants, Allen Hershberg, individually and t...

Excerpt: ...A LLC, dba Canopy Energy” (“Defendant”) moves for summary judgment (“MSJ”) or alternatively for summary adjudication (“MSA”) against the Complaint filed by Plaintiff Laura Gonzalez (“Plaintiff.”) The MSA raises a total of 21 issues against the twelve causes of action (“COA”) alleged in the Complaint and also raises an issue as to punitive damages. The Court notes that the individual defendants in this action are not moving p...