Excerpt: ... Vladislav Shuliko's interest in both LA Dorm LLC and W-Stands Inc. is GRANTED. Introduction Plaintiff/Judgment Creditor Julia Gandelsman (Plaintiff) filed an amended motion for an assignment order and a charging order to enforce the judgment entered against Defendant/Judgment Debtor Vladislav Shuliko (Defendant). Plaintiff requested an assignment order and a charging order as to Defendant's interest in any monies paid by LA Dorm, LLC and W -Stan...

Excerpt: ...ond COA for premise liability, and the third COA for “business proprietor's or property owner's liability for the criminal conduct of others”. Discussion At the prior demurrer to the First Amended Complaint (FAC), the Court identified two pleading defects that needed to be cured. Plaintiff sufficiently clarified that the attack occurred on the sidewalk and two dogs (Pit Bulls) came from Defendants' property/parking lot wherein one dog bit Pla...

Excerpt: ...Christian Lopez, Amador Amas, Natalie Nunez, Raymundo Flores, and Sabino ( also include last name for Sabino.) This is not a class action. Monetary sanctions in the sum of $1,260 are awarded in favor of plaintiff Adriana Soto against defendant Puretek Corporation and its lawyers, Mohajerian APLC, jointly and severally, for advising it to not further respond, pursuant to Section 2030.300(d) an d 2023.010, discovery abuse without substantial justif...

Excerpt: ...lely against Defendant Zak & Associates. The OSC is set for _____________, 2024. Introduction Defendants Zina Tehrani, Reza Tehrani -Tak, and Tak & Associates (collectively, Defendants) moved for leave to file the Proposed Cross -Complaint (PXC) against two of the four Plaintiffs – Myriam Gisela Flores and Jacob Santiago Danel (collectively, Plaintiffs). Plaintiffs' opposition was due on February 28, 2024 and none was filed. Defendants filed a ...

Excerpt: ... (Plaintiff) First Amended Complaint (FAC). The demurrer placed into issue all six causes of action (COA) for business disparagement, interference with contract, libel, breach of contract, breach of implied covenant of good faith and fair dealing, and unjust enrichment. Defendant's Reply was due March 5, 2024 but none was filed. Discussion Defendant argued that the first COA for business disparagement and the third COA for libel failed to plead a...

Excerpt: ...se liability. Defendant further requested judicial notice (RJN) of the pleadings filed in this action. It is noted that Defendant's RJN incorrectly identified Plaintiff's “Unverified First Amended Complaint” but attached the Complaint, which is the operative pleading. The Court presumed the RJN had a typographical error and the RJN was to the operative pleading – the Complaint. Discussion Defendant argued that there is no triable issue of m...

Excerpt: ...ALO LLP, 30 Corporate Park, Suite 100, Irvine, CA 92606 pursuant to CCP section 2023.010 and 2030.290(c), discovery abuse without substantial justification. Introduction Defendant Jeffrey Albright (Defendant) moved to compel responses to Special Interrogatories, Set One, (SI) from Plaintiff Tamara Levine (Plaintiff). Defendant also requested $2,560.00 in monetary sanctions against Plaintiff and Harry Nalbandyan and Lowell Steiger (collectively, C...

Excerpt: ...ssal. Introduction Defendants Ford Motor Company (FMC) and Harper Motors (Harper) (collectively, Defendants) demurred to Plaintiff Adrine Van Diermen's (Plaintiff) Complaint. Defendants placed into issue the sixth cause of action (COA) for “fraudulent inducement – concealment” against FMC, and the fifth COA for negligent repair against Harper. The fifth COA is the only COA alleged against Harper. Discussion FMC argued that the fraudulent in...

Excerpt: ...ty. Discussion Creditor requested that the ORAP Lien against Debtor's personal property be extended for six months, so as to expire on August 20, 2024. (Code Civ. Proc., sec. 708.110(d).) Creditor asserted that the extension is necessary because the Debtor is being evasive with his assets. Creditor asserted that a risk exists that Creditor will transfer assets to third parties if the ORAP Lien is allowed to expire. On these grounds, there is suff...

Excerpt: ... with no opposition. There was no evidence provided of what counsel did wrong to justify sanctions. The court orders that by 3/30/2024, Hyundai Motor America is ordered to pay $1,860 to the Client Trust Account of Law Offices of Jon Jacobs, One Ridgegate Dr., Suite 245, Temecula, CA 92590 pursuant to CCP section §2025.450(c)(1), discovery abuse without s ubstantial justification. The court orders that defendant produce one or more persons who ar...

Excerpt: ...intiff's home. (Code Civ. Proc., sec. 526(a)(2) and (3).) Plaintiff argued that Defendants do not have a valid Business Tax Registration Certificate issued by the City of Los Angeles. (Los Angeles M un. Code, sec. 21.03.) Discussion A preliminary injunction is authorized when the Complaint sets forth a cause of action for injunctive relief or to maintain the status quo until judgment. (Code Civ. Proc., sec. 526(a)(1) -(3).) Plaintiff's Complaint ...

Excerpt: ... to Costs & Expenses and the Cost Memo ONLY is CONTINUED to __________________, 2024. Defendant Ford Motor Company is allowed to file/serve a Response to Plaintiffs Martha Michel -Aquino and Pedr o Aquino's Reply filed on February 23, 2024. Defendant Ford Motor Company is ORDERED to file and serve the Response to the Reply five court days prior to the new hearing date. No other briefs are permitted. Introduction Plaintiffs Martha Michel -Aquino a...

Excerpt: ...led Defendant Church's objections are sustained. Introduction Defendant and Cross -Defendant US Bus Charter & Limo Inc. (Coachways) moved for leave to file Cross - Complaints in three actions (Mejia v. Transit Systems Unltd., Inc. - Case No. 20STCV41653; Urciel v. Transit Systems Unltd., Inc. - Case No. 20STCV39458; and Lemus v. Rodriguez - Case No. 19STCV44511) aga inst Cross-Defendants The Universal Church, Inc. and also sought to add non -part...

Excerpt: ...smissal of the action. Discussion The motion failed to attach a proof of service. However, Defendant filed an opposition addressing the merits of the motion. Despite the failure to submit a proof of service, the Court consider the motion because Defendant addressed the merits of the motion. The motion cited to a declaration from Attorney Andrew Williams but failed to file the declaration. Without Mr. Williams' declaration, there is no admissible ...

Excerpt: ...n Dr LLC. Introduction Cross-Defendants AEK Global Investments, LLC, Ebrahim Khatibi, Aliasghar Khatibi, Ali Sepehr, and Shokrieh Mohammadzadeh (collectively, Cross -Defendants) moved for their expenses, including attorneys' fees and costs, pursuant Code of Civil Procedure sectio n 128.5 [all subsequent statutory citations are to the Code of Civil Procedure, unless otherwise noted] in the amount of $5,894.00 against Cross-Complainants Melica Khat...

Excerpt: ...OA for negligence, and the fourth COA for nuisance. Discussion Defendant argued that the first and second COAs are contract claims. Defendant asserted that Plaintiff is required to plead whether the contract is written, oral, or implied and either attach the contract or plead the terms verbatim. The implied covenant s of habitability and quiet enjoyment are implied in residential leases. The habitability COA can either be based upon contract or t...

Excerpt: ...ing arbitration. Arbitration Status Conference is set _______________, 2024 at 8:30 a.m. in Dept. T. Introduction Defendants CVS Pharmacy, Inc. (CVS) and Alexandra Drebskaya (Drebskaya) (collectively, Defendants) moved to compel arbitration and dismiss Plaintiff Betty Nabizadeh's (Plaintiff) Complaint. Defendants CVS Rx Services, Inc.; CVS Health Corp.; Caremark, LLC; and Garfield Beach CVS, LLC (collectively, Joinder Defendants) requested to joi...

Excerpt: ...ses of action are adjudicated in favor of Defendants James Jaehyung Lee and James Jaehyung Lee, DDS, Inc. Defendants James Jaehyung Lee and James Jaehyung Lee, DDS, Inc.'s Request for Judicial Notice is GRANTED. Plaintiff Topanga & Victory Partners, L.P.'s request for a continuance is DENIED. Evidentiary Objections are ruled on separately. Introduction Defendants James Jaehyung Lee (Lee) and James Jaehyung Lee, DDS, Inc. (Lee Inc.) (collectively,...

Excerpt: ...Complainant Aurel Bunduchi (Cross -Complainant or Bunduchi) moved for leave to amend the Cross -Complaint filed against Cross -Defendant Svetlana Strashko (Cross -Defendant or Strashko). Discussion The motion itself must state what allegations in the previous pleading are proposed to be deleted and what allegations are proposed to be added to the previous pleading, and where, by page, paragraph, and line number, the deleted or additional allegati...

Excerpt: ...Defendants Ahron Zilberstein (Zilberstein) and 72 Van Nuys, LLC (72 Van Nuys) (collectively, Defendants) demurred to Plaintiff Levi Strauss & Co.'s (Plaintiff) First Amended Complaint (FAC). Defendants' demurrer placed into issue the first cause of action (COA) for declaratory judgment against the “Litigation Partnership”, the second COA for modification of judgment to add judgment creditors against “Alter Ego Partnership”, and the third ...

Excerpt: ...nd Melica Khatibi's request for a continuance is DENIED. Introduction On March 24, 2023, Cross -Defendant Shabnam Akhoundzadeh (Shabnam or Cross -Defendant) moved for summary judgment (MSJ) or alternatively for summary adjudication (MSA) against Cross -Complainants Richard Khatibi (Richard), Faezeh Afchehe (Faezeh), and Melica Khatibi's (Melica) (collectively, Cross- Complainants) Third Amended Cross-Complaint (TAXC). The MSJ/MSA specifically mov...

Excerpt: ...nt, account stated, and goods sold and delivered) and two affirmative defenses (AD) in the Answer (i.e., tenth AD for “p enalty” and eleventh AD for “no interest”). A reply was due February 7, 2024 and none was filed. Procedure Defendant's argument as to the tenth and eleventh AD for “penalty” and “no interest” are not proper for a motion for judgment on the pleadings because “a complaint cannot be attacked by reference to matte...

Excerpt: ... action (COA) for negligence and the second COA for intentional tort. Discussion Plaintiff submitted to some of the arguments in the motion and requested leave to amend the defects in the pleading. (See Notice to Opposition, pg. 1:22-23.) Plaintiff submitted to City's argument regarding the FAC's failure to identify the statutory grounds for liability; the City's argument as to direct liability; and the non-existence of a statute for a claim of n...

Excerpt: ...due 5 court days prior to the new hearing date. Introduction Defendants Sky Zone, LLC and SZ Socal, LLC dba Sky Zone Van Nuys, fka SZ Van Nuys Capital Partners, LLC erroneously named/served as 7741 Hayvenhurst, LLC (collectively, Defendants) moved to compel arbitration and stay Plaintiff Linda Nguyen's (Plaintiff) action. Defendant requested attorneys' fees and costs per the arbitration agreement and/or monetary sanctions per Code of Civil Proced...

Excerpt: ...efendant) demurred to Plaintiff Tony Robert Tawil's (Plaintiff) Complaint. Defendant's demurrer placed into issue the first cause of action (COA) for fraud and deceit and the second COA for breach of the implied covenant of good faith and fair dealing. Defendant concurrently moved to strike the request for punitive damages and allegations referring to three online complaints by unknown persons not parties to this action (Compl. par. 47). Discussi...