Excerpt: ...WITH 30 DAYS LEAVE TO AMEND. 2. The Request for Joinder to LeadsMarket.com LLC's Demurrer and Motion to Strike is GRANTED. INTRODUCTION Cross-Defendant Mikhail Parshin (“Parshin”) demurs to the First Amended Cross- Complaint (“FACC”) filed by Cross-Complainant Joseph Falls (“Falls”) only. The demurrer is against the Ninth and Tenth causes of action (“COA”), Twelfth through Fourteenth and Eighteenth COAs filed only by Falls. Parshi...

Excerpt: ...l evidence sufficient to meet the burden to sustain the objections; (2) Any documents produced in response to the RFP must identify the specific request number to which each document is responsive, pursuant to Code of Civil Procedure section 2031.280 subdivision (a), and must include the information required under Code of Civil Procedure section 2031.230 when responding party represents that it is unable to comply. GRANT $1,485.00 sanctions again...

Excerpt: ...Cross-Defendant Solar Hydrogen Holdings Inc.'s Request for Judicial Notice is granted as to Exhibits 1, 11 and 12 but not as to the truth of the matters stated in those documents and is denied as to Exhibit 5 (for which no authority for the court to take judicial notice is identified.) INITIAL NOTE: Initially the court instructs counsel that as it is improper in reviewing a demurrer for the court to consider facts outside the four corners of a co...

Excerpt: ... as to the 7 th COA. The Motion to Strike is MOOT. Plaintiff's Request for Judicial Notice is GRANTED but only as to the existence of the order and not any hearsay. 1. Introduction Defendants Remmet Industrial Ltd (“Remmet”) and The Simpson Co. Inc. (“Simpson”) (collectively “Defendants”) demur to all seven Causes of Action (“COA”) alleged in the First Amended Complaint (“FAC”) filed by Plaintiff Amir Solimanikhoo (“Plaintif...

Excerpt: ...est for judicial notice is DENIED as to Exhibit 1; GRANTED as to the existence of the document but not as to any hearsay found therein for Exhibits 52, 53, 54, 55, 56, 58, 59, 60; and GRANTED as to Exhibit 57. Plaintiff's request for judicial notice is GRANTED as to the existence of the document but not as to any hearsay found therein for Exhibits 10, 12, 13, 14, 19, 20, 21; and GRANTED as to Exhibit 22. Plaintiff's request for a continuance is M...

Excerpt: ... defendants AMWINS Access Insurance Services, LLC (“AMWINS”) and Justin Pizzola dba Pizzola Insurance Agency (“PIA”) (collectively “Defendants” ) is DENIED. Defendants' Request for Judicial Notice is GRANTED as to the existence of the two pleadings and motion but not as to any hearsay within. Plaintiff's Request for Judicial Notice is GRANTED as to the existence of the Court's orders and motions but not as to any hearsay. Plaintiff's ...

Excerpt: ... defendants AMWINS Access Insurance Services, LLC (“AMWINS”) and Justin Pizzola dba Pizzola Insurance Agency (“PIA”) (collectively “Defendants” ) is DENIED. Defendants' Request for Judicial Notice is GRANTED as to the existence of the two pleadings and motion but not as to any hearsay within. Plaintiff's Request for Judicial Notice is GRANTED as to the existence of the Court's orders and motions but not as to any hearsay. Plaintiff's ...

Excerpt: ...Notice is GRANTED. The Motion to Strike is MOOT. 1. INTRODUCTION Cross-Defendant Auction.com, Inc. (“Auction”) demurs to the Second Amended Cross- Complaint (“SAXC”) filed by Cross-Complainant Triloki Devjani (“Devjani”.) The demurrer places into issue the first cause of action (“COA”) for BPC §17200 violation, the second COA for fraud – intentional misrepresentation, the third COA for fraud – negligent misrepresentation, the...

Excerpt: ... NSHLAI TO THE STATE BAR CLIENT SECURITY FUND PER C.C.P. SECTION 473(c)(1)(B) The court tentatively grants the motion to vacate order of dismissal. The court addresses individually each of the bases for the motion. However, it is contingent upon a sworn declaration pursuant to C.C.P. section 473(b). 1. FAILURE TO APPEAR AT HEARING ON 9/5/19 Mr. Nshlai fails to acknowledge that he did not attend the hearing on 9/5/19. He states in his declaration,...

Excerpt: ...y causing an injury and actual loss or damage. Tortorella v. Castro (2006) 140 Cal.App.4th 1, 12-13. There are multiple triable issues of fact which arise from the declarations of plaintiff's medical experts Dr. Robert Collins, Dr. Ramin Ashtiani and Dr. Todd Lempert. All of the plaintiff's experts set forth facts from which it can be determined that they have knowledge and experience to render their professional opinions as to Dr. Mortazavi. Dr....

Excerpt: ... $27,125. Payment by plaintiff Kirk C. Chamberlin by check or money order to the Client Trust Account of ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, 865 South Figueroa Street, Suite 2800 Los Angeles, California 90017-2543. 1. Introduction Defendant Meadow Lay (“Defendant”) moves for attorneys' fees against Plaintiff Kirk Chamberlin (“Plaintiff”) in the total amount of $72,189.19 per CCP §425.16. 2. Discussion Initially, the court not...

Excerpt: ...ntiff LA Solar Group, Inc. (“Plaintiff”) in the amount of $58,103.75. 2. Discussion It is undisputed that Defendant is the prevailing party on the Anti-SLAPP motion. At issue is the reasonableness of the amount of fees requested. The attorney's fees subsection of CCP §425.16 is interpreted to allow awards of only such fees as the court deems reasonable. Robertson v. Rodriguez (1995) 36 Cal. App. 4 th 347, 362; Dove Audio, Inc. v. Rosenfeld, ...

Excerpt: ... days. DEMURRER 1. Introduction Defendant The Apostolic Company (“Defendant”), sued as Doe 1, demurs against the Complaint filed by Plaintiff Brandon David (“Plaintiff”). The demurrer moves against the first cause of action (“COA”) for negligence; the second COA for negligent hiring, retention, supervision; the third COA for negligent failure to warn, train or educate; the fourth COA for negligence per se; the fifth COA for sexual bat...

Excerpt: ...s (“Plaintiff”.) The Complaint alleges two causes of action: negligence and negligence by common carrier. 2. Discussion MTA asserts that there is no triable issue of material fact as to whether the MTA or the driver was negligent. MTA provides that the facts show that there was no prior notice of the attack upon Plaintiff. MTA cites to City and County of San Francisco v Sup. Ct. (1994) 31 Cal. App. 4 th 45 (“San Francisco”) as being on al...

Excerpt: ...e court rules that it is not.” At page 615 the court further noted: “Weil and Brown observe that many attorneys seem to be unaware that monetary sanction orders are enforceable through the execution of judgment laws. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial 3 (The Rutter Group 1994) paragraphs 9:344.21, 9:344.22, p. 9(1)-92.) These orders have the force and effect of a money judgment, and are immediately enforceable th...

Excerpt: ...perties, LLC (“Whitsett”), 6551 Woodley Avenue, LLC (“Woodley”) and Pearson Affiliated, Inc dba Pearson Properties (“Pearson”) (collectively “Defendants”) DEMURRERS AND MOTIONS TO STRIKE AGAINST THE THIRD AMENDED COMPLAINT Dept. T 8:30 a.m. 8/18/20 or 8/21/20 (tentatives posted fo r both days, unclear which demurrers are scheduled for which days) [TENTATIVE] ORDER: Demurrers to the Third Amended Complaint: -- OVERRULED on the Nint...

Excerpt: ...roy (“Geoffroy”) and Emily Green (“Green”) (collectively “Plaintiffs.”) The Complaint only has one cause of action (“COA”) for quiet title. 2. Discussion The Complaint alleges that Defendant's claim to the property is improper because the secured debt with Trimerica Mortgage Corporation dba Avaris Capital for $100,000 was discharged in bankruptcy. (Compl. ¿¿15-16, Exh. C & D.) Further, Plaintiffs allege that Defendant is not ide...

Excerpt: ...ction Defendant Los Angeles Unified School District (“Defendant”) moves to strike from the First Amended Complaint (“FAC”) filed by Plaintiff Jane Doe (“Plaintiff”) the portions related to a cover up and treble damages under CCP §340.1. Treble Damages Per the case law submitted by both parties, the immunity from punitive damages under GC §818 is narrow and applicable to damages whose purpose is “simply and solely punitive or exemp...

Excerpt: ...roduction Defendant Meadow Lay (“Defendant”) moves for attorneys' fees against Plaintiff Kirk Chamberlin (“Plaintiff”) in the total amount of $72,189.19 per CCP §425.16. 2. Discussion Initially, the court notes that when the reply to the opposition to the motion to strike was filed, the defendant sought $56,445 in fees. The only change between that request for fees and the current request for fees is additional work on the motion for fee...

Excerpt: ... of Social Services, (“Respondent”) demurs to the Petition filed by Petitioner Robert Garber (“Petitioner.”) Petitioner concurrently seeks to strike the demurrer of Respondent. 2. Procedural Issues as to the Demurrer Respondent provides that a meet and confer was unable to be conducted because Petitioner's phone number, email or fax is not listed on the petition. However, a request was made upon Petitioner via US Mail (which was served al...

Excerpt: ...es for sanctions per CCP §128.7 against Plaintiff Victor Azal and Plaintiff's Counsel, Timothy Hannigan, in the amount of $8,772.50. 2. Discussion Defendant argues that the filing of the action/complaint is frivolous and without merit. Preliminarily, the Court notes that the motion's points and authorities fail to clearly and specifically reference the interrogatory responses wherein a discrepancy between Plaintiff's allegation and the evidence ...