Excerpt: ...Automobile Insurance Company (Defendant) moved for summary judgment (MSJ) or alternatively for summary adjudication (MSA) against Plaintiff Justin Bass' (Plaintiff) Complaint. The MSJ/MSA placed into issue Plaintiff's first cause of action (COA) for breach of contract, second COA for breach of the implied covenant of good faith and fair dealing, and third COA for bad faith. Procedure Plaintiff submitted evidentiary objections with his opposition....

Excerpt: ...on with Plaintiffs Abir Cohen Treyzon Sal LLP (ACTS) and Neil Itzik Adrabi (Adrabi) (collectively, Plaintiffs) and to stay the action. Alternatively, Defendants requested Adrabi be compelled to arbitration and an order to staying all non-compelled claims. Defendants' reply was due October 26, 2023 but none was filed. Discussion As to ACTS, the Attorney-Client Contingent Fee Contract (Contract), which included an Arbitration Agreement, does not sh...

Excerpt: ...mplaint. Defendants' demurrer placed into issue the first cause of action (COA) for declaratory judgment and the second COA for modification of judgment to add judgment creditors. Discussion Defendants argued that the first COA for declaratory relief is pled with insufficient factual allegations and is uncertain because the requested declaratory relief is retrospective; and improperly seeks a determination of rights among the Defendants, as exemp...

Excerpt: ... alternatively Item 16 “Other Costs” of the Memo. Discussion Defendant argued that the entire Memo should be stricken because the parties' Settlement Agreement included a provision requiring Plaintiff to seek attorneys' fees, costs, and expenses “in a single motion.” (Sasha Bassi Decl., par. 3-4, Exh. A: Settlement Agreement, par. 2(b).) Defendant asserted that Plaintiff had their chance to seek costs in the prior Motion for Attorneys' Fe...

Excerpt: ... prepare a definition which is more specific for BATTERY DEFECTS. All preliminary statements and general objections are stricken as improper. Whenever the request has directions in parentheses, such as in 36."[This request requires the responding party to provide the underlying investigation, report, and/or analysis that resulted in the issuance of any such notice, letter, campaign, warranty extension, technical service bulletin, and recall, conc...

Excerpt: ...ole Diep, and Nathan Diep's (collectively, Plaintiffs) First Amended Complaint (FAC). The demurrer placed into issue the one and only cause of action (COA) for negligence – motor vehicle. Discussion Defendants argued or denied liability in this automobile accident action based upon the “sudden medical emergency” doctrine, as recognized in Federal Courts. (Cohen v. Petty (D.C. Cir. 1933) 65 F.2d 820; Bashi v. Wodarz (1996) 45 Cal.App.4th 131...

Excerpt: ...ndant General Motors LLC (Defendant) demurred to Plaintiff Amir Balouch's (Plaintiff) First Amended Complaint (FAC). Defendant demurred to Plaintiff's fifth cause of action (COA) for fraudulent inducement-concealment. Defendant moved to strike Plaintiff's request for punitive damages. Discussion Defendant argued that there are insufficient facts alleging Defendant's knowledge of the defects in Plaintiff's vehicle at the time of purchase and Defen...

Excerpt: ... (g) Disobeying a court order to provide discovery." CCP section 2023.010(d) provides: "The court may impose a terminating sanction by one of the following orders: (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process." The 8/25/2023 order stated: The court has reviewed the ex parte application and the opposition. The court may order a party who has responded that it will pr...

Excerpt: ...rden to allege that an arbitration agreement exists. The burden then shifts to Defendant to dispute the arbitration agreement. (Condee v. Longwood Mgt. Corp. (2001) 88 Cal.App.4th 215, 219.) Plaintiff submitted a copy of the Subcontract entered with Defendant which included an arbitration provision. (John Ralls (Ralls) Decl. par. 4, Exh. A: par. 12.8.) Plaintiff met its initial burden to show the existence of an arbitration agreement entered with...

Excerpt: ...AVE TO AMEND as to the third cause of action. Plaintiff Anna Gloria Rodriguez Banuelos' leave to amend is limited to curing the pleading defects identified and not to add new causes of action. This tentative decision as to Mr. Ngo is conditional on his payment of his first appearance fees by close of business on 10/27/2023. Defendant Robert Ngo and Pacific Coast Equities, Inc.'s Request for Judicial Notice is GRANTED but not as to hearsay and fac...

Excerpt: ...ainst Plaintiff/Cross-Defendant K.G. Mullen, Inc. (Plaintiff.) Discussion Defendant requested to file the Proposed Cross-Complaint on the grounds that the owner of the house notified of leaks occurring in the house in February or March 2023. Defendant was not aware of the leaks until after Defendant's answer was filed in August 2022. Upon investigation into the owner's complaints, Defendant discovered that the leaks were caused by defects in the ...

Excerpt: ...name calling -- is a sanctionable offense. You are all ordered to stop now. This includes calling the other side a liar. It is offensive to the court. Tentative rulings: To the extent that any responses mention the need for a protective order, it is the responsibility of the party claiming the need for the protective order to promptly request it. No parties may object on the grounds of the need for a protective order and then take no action. Such...

Excerpt: ...TATIVE] ORDER: Defendant Green Check Verified, Inc.'s Motion for Sanctions is DENIED. Defendant Green Check Verified, Inc.'s Request for Judicial Notice of Exhibits N, O. and P is GRANTED. Plaintiff Morgan Calton's Request for Judicial Notice is GRANTED as to Exhibit 12 but only as to the existence of the pleading and not as to any hearsay or facts in dispute; GRANTED as to Exhibits 13-17. Plaintiff Morgan Calton's Request for Sanctions is DENIED...

Excerpt: ...ion Cross-Defendants Tarzana Property LLC (Tarzana) and Sheri Reinsdorf (Reinsdorf) (collectively, Cross- Defendants) specially moved to strike Cross-Complainant (XC) Vince Work's (Cross-Complainant or Work) Cross-Complaint. (Anti-SLAPP Motion, Code Civ. Proc. sec. 425.16.) The Anti-SLAPP Motion placed into issue the first cause of action (COA) for wrongful eviction, the second COA for retaliation, and the third COA for fraud. The Anti-SLAPP moti...

Excerpt: ...ion, after five days' notice, or on motion of a party against whom a verdict has been rendered, shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been made. (b) A motion for judgment notwithstanding the verdict shall be made within the period specified by Section 659 for the filing and service of a notice...

Excerpt: ...es of Weber & Weber, 221 E. Glenoaks Blvd., Suite 107, Glendale CA 91207 by 11/18/2023. Court's note: There were many discovery requests which were poorly framed and sought information over a vast period of time or for vast amounts of information, not reasonably related to this court. It is not the court's responsibility to reframe the questions so that they make sense, or properly limit the scope to the actual issues in this case. Those are prim...

Excerpt: ...iff Jane Does S.H. (Plaintiff) moved to compel Defendant Doe 1's (Defendant), a public school district form unknown, Person Most Qualified (PMQ) to appear at the deposition, testify to, and produce documents and moved for monetary sanctions of $3,828.85 against Defendant. Discussion On June 30, 2023, Plaintiff served via email the Notice of Deposition scheduling the deposition for July 12, 2023. (Amended Declaration of Shehnaz Bhujwala (Bhujwala ...

Excerpt: ... arbitration. Plaintiff Sagam Valle's Request for Judicial Notice is GRANTED but not as to any hearsay or facts in dispute. Objections to the Nieves Declaration are overruled. Introduction Defendant EBS Foods, LLC (Defendant) moved to compel arbitration and dismiss Plaintiff Sagam Valle's (Plaintiff) First Amended Complaint (FAC). The motion, opposition, and reply were filed prior to the July 17, 2023 publication of Adolph v. Uber Technologies, I...

Excerpt: ...itted with its Reply, to Defendants' Opposition evidence are inconsequential to the analysis below. Plaintiff did not meet its initial burden and so the burden didn't shift. Introduction Plaintiff Travelers Commercial Insurance Company (Plaintiff) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) as to their Complaint for subrogation against Defendants Toryalai Melgerai (Melgerai) and Doe 1 Maricela Saucedo (Sauced...

Excerpt: ...tion to Strike is GRANTED in Part, DENIED in Part, and MOOTED in Part. The motion is GRANTED WITHOUT LEAVE TO AMEND as to punitive damages requested under the second, third, fifth, and sixth causes of action; MOOTED as to punitive damages requested under the fourth cause of action for intentional infliction of emotional distress; and DENIED as to attorneys' fees requested under the sixth cause of action. Introduction Defendants Moss & Company, In...

Excerpt: ...TED but not as to any hearsay or facts in dispute. Defendant Hyundai Motor America is ordered to file and serve a response to the Complaint within 30 days. Introduction Defendant Hyundai Motor America (Defendant) moved to compel arbitration with Plaintiffs Serina Marie Calderon and Angelica Carisma Calderon (collectively, Plaintiffs) and to stay prosecution of Plaintiffs' Complaint. Discussion Defendant moved to compel arbitration based upon the ...

Excerpt: ...uses of action. Introduction Defendants Blanca Guevara (Guevara) and Panorama Apartment Homes, LLC's (Panorama) (collectively, Defendants) demurred to Plaintiff Fidelia Hernandez Solorzano's (Plaintiff) First Amended Complaint (FAC). The demurrer placed into issue the seventh cause of action (COA) for Civil Code section 1941.1 violation; the eleventh COA for discrimination – FEHA violation, and the twelfth COA for elder abuse. Discussion As to ...

Excerpt: ...s Title, Timios, Inc. and Timios Holdings Corporation's Requests for Judicial Notice submitted with both the motion and reply are GRANTED but only as to the documents existence and not as to any hearsay or facts in dispute. Introduction Defendants Timios Title (Timios Title), Timios, Inc. (TI), and Timios Holdings Corporation (THC) (collectively, Defendants) moved to compel arbitration as to Plaintiff Gina Davidson's (Plaintiff) individual Privat...

Excerpt: ...t Ngo and Pacific Coast Equities, Inc.'s Request for Judicial Notice is GRANTED but not as to hearsay and facts in dispute. Introduction Defendant Robert Ngo (Ngo) and Pacific Coast Equities, Inc. (PCE) (collectively, Defendants) demurred to Plaintiff Anna Gloria Rodriguez Banuelos' (Plaintiff) First Amended Complaint (FAC). The demurrer placed into issue the first cause of action (COA) for breach of contract, the second COA for common counts, an...

Excerpt: ...N Defendants Structure HR, Inc. dba Champion Employer Services (Champion) and Tom Elias (Elias) (collectively, Defendants) moved for summary judgment (MSJ) against Plaintiff Inconthievable, LLC's (Plaintiff) Complaint. In the alternative, Defendants moved for summary adjudication (MSA) against the Complaint's first cause of action (COA) for breach of fiduciary duty and the second COA for negligence. DISCUSSION Defendants asserted that there is no...

Excerpt: ...collectively, Defendants) specially moved to strike Plaintiff Alexander Everest's (Plaintiff) First Amended Complaint (FAC). The motion placed into issue the FAC's first cause of action (COA) for negligence per se – violation of 15 U.S.C. sec. 6821; the second COA for intentional infliction of emotional distress (IIED); the third COA for fraud; and the fifth COA for violation of Business and Professions Code section 17200 (UCL). In the alternat...

Excerpt: ... the documents' existence and not as to any hearsay or facts in dispute. Cross-Complainant Richard Khatibi, individually and dba Rich Estate Properties' request for judicial notice is GRANTED only as to Exhibit 1 but only as to the documents existence and not as to any hearsay or facts in dispute; DENIED as to Exhibits 2-6. Cross-Complainants Faezeh Afchehe and Melica Khatibi's request for leave to file a fourth amended cross- complaint made in t...

Excerpt: ...specific to 2015 Cadillac Escalades with the same transmission and with the same complaints. The failure to carefully tailor discovery to issues in this case results in the court denying the motion on those items because they are grossly overbroad and seek information that is not relevant to this case nor leading to the discovery of admissible evidence. As part of the meet and confer, plaintiff could have revised the interrogatories to limit them...

Excerpt: ...ve documents are being withheld pursuant to privilege, or they are no longer in existence and why, or whether they are in the possession of another and identification of the other. (Whenever the court says Code Compliant below, it incorporates this language.) Verified further Code compliant response and production with compliance statement and privilege log due within 20 days. 3. The court overrules the objections: vague and ambiguous, irrelevant...

Excerpt: ...ely, Defendants) moved for judgment on the pleadings against Plaintiff Megna Real Estate Management Inc.'s (Plaintiff) Complaint. Procedure Defendants failed to show compliance with the meet and confer requirements when filing a motion for judgment on the pleadings. (Code Civ. Proc. sec. 439.) Although failure to comply with the meet and confer requirements cannot be grounds to grant or deny the motion, it can be grounds to continue the motion or...

Excerpt: ...a Bruck Trust and Marko Family Trust. As to defendant Bruck and Marko, the demurrer is overruled as to all else. Plaintiff Darhooneh Construction Inc.'s leave is limited to curing the pleading defects identified in the ruling and not to add new causes of action. Introduction Defendants Bruck and Marko (B&M); Jake & Nina Bruck Trust (JNBT); and Marko Family Trust (MFT) (collectively, Defendants) demurred to Plaintiff Darhooneh Construction Inc.'s ...

Excerpt: ...moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Defendant Jessica Baker (Defendant.) The MSJ/MSA placed into issue the Complaint's first cause of action (COA) for breach of contract and second COA for possession of personal property. Plaintiff alleged that there is an unpaid balance of $70,365.24 on the “Loan and Security Agreements and Disclosure Statement” (Contracts). Procedure Plaintiff's Request ...

Excerpt: ...ri-Tech Restoration and Construction Co.'s (Defendant) Memorandum of Costs (Memo). Discussion Pursuant the transcripts from the hearings on April 22, 2022 and April 26, 2022, the oral settlement agreement placed on the record, there is sufficient showing that there was a settlement between Plaintiffs and Defendant that included a waiver of costs. Because the parties waived their costs, the Cost Memo filed by Defendant is improper. This was not ju...

Excerpt: ...es is improper for failure to comply with Code of Civil Procedure, section 425.13. However, the allegations in the Complaint do not show that the “intentional tort” occurred during medical treatment or directly related to the manner in which medical treat was being provided. The factual allegations in the Complaint make no reference to any medical services or treatment being provided. Further, Plaintiff's opposition clarified that she had ter...

Excerpt: ...on was filed. The court has discretion to consider untimely oppositions and elects to do so in the interests of consideration of the matter on the merits and not on a technical defect, particularly as counsel admits fault for the untimely opposition and explains how it occurred. Having considered the untimely opposition, the court finds that it has nothing of substance that affects the court's decision. The court does not grant issue sanctions at...

Excerpt: ...tice is served by mail as it is the court's intent to give only 5 days leave and the additional 5 days for mailing is already built into the order. In Silver Organizations v. Frank (1990) 217 Cal.App.3d 97, the court stated: This case involves the interpretation and application of section 426.50, enacted in 1972, which provides: "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, i...

Excerpt: ...SA) against Plaintiffs Charles and Charlene Charthern's (Plaintiffs) Complaint. Defendant's MSA asserted eight issues moving against the first cause of action (COA) for Civil Code sec. 2924(a)(1) violation; the second COA for 12 C.F.R. sec. 1026.41 violation – the Truth in Lending Act (TILA); the third COA for Civil Code sec. 1788.30 violation – the Rosenthal Fair Debt Collection Practices Act (FDCPA); the fourth COA for Financial Code secs. ...

Excerpt: ...ent (Civ. Code, sec. 51.9) [MSA Issue 1], third COA for sexual abuse by a therapist (Civ. Code, sec. 43.93) [MSA Issue 2], fourth COA for sexual battery [MSA Issue 3], and fifth COA for intentional infliction of emotional distress (IIED) [MSA Issue 4]. Discussion Defendant asserted that there is no triable issue of fact based upon the defense under the Anti-Heartbalm statute. (Civ. Code, sec. 43.5 and Atienza v. Taub (1987) 194 Cal.App.3d 388 (At...

Excerpt: ...an Guarantee and Liability Insurance Company's Request for Judicial Notice is GRANTED but not as to facts in dispute or hearsay. Cross-Complainants' request for a stay is DENIED. Introduction Cross-Defendant AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY (AGLIC) demurred to Cross-Complainants HERTZ INVESTMENT GROUP, LLC; HERTZ GROUP REALTY OPERATING PARTNERSHIP, LP; HERTZ GROUP REALTY TRUST, INC.; HPT NEW ORLEANS OSS, LLC; NEW ORLEANS I HOLDI...

Excerpt: ...intiff) First Amended Complaint (FAC). Defendant argued against all four causes of action (COA). However, the title to each COA identified the party against whom the claim is alleged. Plaintiff only alleged the first two COAs against Defendant. The third and fourth COAs are not alleged against Defendant. The demurrer to the third and fourth COAs is MOOT. Discussion Defendant's reply was due Tuesday 8/22/23. No timely reply was received. Defendant...

Excerpt: ...d to Plaintiff Jane Doe's (Plaintiff) sixth cause of action (COA) for negligence alleged in the Complaint. Discussion Defendants asserted the defense of immunity under the Communications Decency Act (CDA) (47 U.S.C. sec. 230(c)(1); Doe II v. MySpace Inc. (2009) 175 Cal.App.4th 561 (Doe II).) The immunity applies when: (1) the defendant is an interactive computer service provider; (2) the defendant is not a content provider with respect to the dis...

Excerpt: ... which went to a contested trial on May 15, 2023. The matter was taken under submission and a written decision was issued by the court on May 16, 2023. Judgment was entered against defendant on May 16, 2023. A writ of possession was issued on May 30, 2023. On June 8, 2023, defendant's ex parte application to stay enforcement was denied. On July 5, 2023, defendant filed an ex parte application for stay of execution. After opposition was filed, the...

Excerpt: ...D. Defendant Efrat Levy and Bert Ziegel are ORDERED to separately file the Proposed Answer attached to the instant motion within 10 days. Introduction Defendants Efrat Levy (Levy) and Bert Ziegel (Ziegel) (collectively, Defendants) moved to set aside the default and/or default judgment and to quash the service of Plaintiff Narine Chobanyan (Plaintiff) summons and complaint. Defendants attached their Proposed Answer as Exhibit A to the Motion. Pro...

Excerpt: ...d for summary judgment (MSJ) and alternatively moved for summary adjudication (MSA) against two separately filed complaints: (1) Lucidio Sanchez Mejia, Veronica Guadalupe Sanchez, Rosalia Gonzaga Hidalgo, Jose Pablo Arellano, Victorino Gonzaga, Jr., Raudel Munoz Quijas, Liliana Victoria Quijas by and through Guardian Ad Litem Raudel Munoz Quijas, Valeria Victoria Quijas by and through Guardian Ad Litem Raudel Munoz Quijas, Yuridia Arellano, Anton...

Excerpt: ...pplied for a right to attach order and writ of attachment against Defendant Fully Torqued Productions, LLC (Defendant) related to the amount of $530,031.00. Discussion Pursuant to Code of Civil Procedure sec. 484.090, Plaintiff must show the probable validity of their breach of contract claim. To show probability of prevailing, Plaintiff submitted its declaration to attest to the parties entry into the Production Agreement dated January 5, 2022 t...

Excerpt: ...y law, court records are presumed to be open. The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narro...

Excerpt: ...) demurred to Plaintiff Reima McDade's (Plaintiff) Complaint. The demurrer placed into issue the second cause of action (COA) for negligence. Defendant Nancy Larin (Larin) joined in the demurrer. Discussion Defendants argued that the second COA is duplicative of the first COA for medical malpractice. Plaintiff alleged that Defendants, and each of them, breached their duty to “select and periodically evaluate and/or supervise its medical staff a...

Excerpt: ...) demurred to Plaintiffs Amir Edwards (Edwards) and Sarpreet Gill's (Gill) (collectively, Plaintiffs) Complaint. Defendant placed into issue the first cause of action (COA) for breach of contract, the second COA for negligence, the third COA for fraud, and the fourth COA for common count. Plaintiffs' opposition was due August 4, 2023. Plaintiffs did not file an opposition and Defendant filed a notice of non-opposition. Discussion Defendant argued...

Excerpt: ...ount – goods and services rendered, promissory fraud, and common count – open book account. Discussion Defendant argued that all COAs are barred by the applicable statute of limitations (SOL) and assert that the accrual date for all COAs is 2018 – the date Plaintiffs ceased working at Defendant. (FAC par. 6.) As to the SOL argument for services rendered when reviewed as a singular COA related to only the failure to pay for her services, the...

Excerpt: ...it and SUSTAINED WITHOUT LEAVE TO AMEND as to the following causes of action: first (1st) cause of action for breach of written contract, second (2nd) cause of action for breach of fiduciary duty, third (3rd) cause of action for fraudulent inducement to contract, fourth (4th) cause of action for negligence, fifth (5th) cause of action for violation of Business and Professions Code section 17200, et seq., the sixth (6th) cause of action for violat...

Excerpt: ... of the covenant of quiet enjoyment; the Third COA for breach of the warranty of habitability; Fourth COA for violation of Civil Code section 1940.2; the Sixth COA for negligence; the Seventh COA for private nuisance; the Eighth COA for Fair Employment and Housing Act (FEHA) violation; the Eleventh COA for aiding and abetting tort; the Twelfth COA for Unruh Act violation; the Thirteenth COA for fraud; and the Fourteenth COA for intentional inflic...

Excerpt: ...s LLC (Defendant) demurred to Plaintiff Ngoc Fuhr's (Plaintiff) Complaint. Defendant's demurrer placed into issue the first cause of action (COA) for fraudulent concealment and misrepresentation, the second COA for negligent misrepresentation, and the third COA for Violation of the Unfair Competition Law (UCL). Defendant's motion to strike moved against Plaintiff's request for punitive damages. Discussion As to the first COA for Concealment Fraud...

Excerpt: ...aw Firm, APC and Fahim Farivar in the amount of $2,500.00, jointly and severally. Introduction Cross-Complainant Richard Khatibi's (Khatibi) motion sought relief under two separate statutes: Code of Civil Procedure section 1008 (Reconsideration Motion) and section 473(b) – discretionary provision (Set Aside Motion). The instant motion placed into issue the Court's May 3, 2023 order (Order) on Khatibi's March 27, 2023 motion to compel further re...

Excerpt: ...Melkonyan's (collectively, Plaintiffs) Complaint. Plaintiffs' Complaint alleged two causes of action (COA) for general negligence and motor vehicle negligence. Defendant's demurrer placed into issue both COAs. Plaintiffs submitted that the two claims are grounded on common law negligent entrustment and statutory permissive use/imputed liability. (Veh. Code, sec. 17150.) Discussion Defendant argued that there is insufficient fact pleading as to bo...

Excerpt: ...o produce the documents as set forth below by delivering a true, legible, and durable copy of the business records described in Exhibit A below, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to Deanna J. Lucci, Esq., Duane Morris LLP, 750 B. Street, Suite 2900, San ...

Excerpt: ...Paragraph 11, and portions of Paragraph 12 of the Complaint. Discussion The Complaint alleges that Plaintiff's predecessor in interest and Defendant entered into a residential Lease Agreement. (Compl. 6, Ex. A.) Plaintiff alleges that Defendant failed to pay rent for November 2022 through February 2023, and vacated the property without notice. (Compl. 10.) These allegations are sufficient to state a cause of action for Breach of Lease Agreement. ...

Excerpt: ... state facts sufficient to state a cause of action against Defendant. Defendant moves to strike certain paragraphs in the FAC that allege racism and punitive damages, on the grounds that these allegations are unsupported by a factual showing of malice, oppression, fraud, or racism, and the language is irrelevant, false, improper, and includes conclusions not supported by facts. Discussion Defendant demurs to the second cause of action for breach ...

Excerpt: ... state facts sufficient to state a cause of action against Defendant. Defendant moves to strike certain paragraphs in the FAC that allege racism and punitive damages, on the grounds that these allegations are unsupported by a factual showing of malice, oppression, fraud, or racism, and the language is irrelevant, false, improper, and includes conclusions not supported by facts. Discussion Defendant demurs to the second cause of action for breach ...

Excerpt: ... Cross-Complaint against LB Property Management, Inc., Aryeh Hoffman, dba Prime Group Realty, LLC, and NAPCO, LLC for (1) breach of contract; (2) express indemnity; (3) equitable indemnity; (4) contribution; (5) declaratory relief; (6) breach of contract; and (7) declaratory relief. On June 17, 2021, Plaintiff NAPCO, LLC amended the Complaint to add Yehuda Rafael, dba Prime Group Realty ("Rafael"). On June 29, 2021, Cross-Complainants amended the...

Excerpt: ... Cross-Complaint against LB Property Management, Inc., Aryeh Hoffman, dba Prime Group Realty, LLC, and NAPCO, LLC for (1) breach of contract; (2) express indemnity; (3) equitable indemnity; (4) contribution; (5) declaratory relief; (6) breach of contract; and (7) declaratory relief. On June 17, 2021, Plaintiff NAPCO, LLC amended the Complaint to add Yehuda Rafael, dba Prime Group Realty ("Rafael"). On June 29, 2021, Cross-Complainants amended the...

Excerpt: ...action for quantum meruit and SUSTAINED WITHOUT LEAVE TO AMEND as to the following causes of action: first (1st) cause of action for breach of written contract, second (2nd) cause of action for breach of fiduciary duty, third (3rd) cause of action for fraudulent inducement to contract, fourth (4th) cause of action for negligence, fifth (5th) cause of action for violation of Business and Professions Code section 17200, et seq., the sixth (6th) cau...

Excerpt: ...action for quantum meruit and SUSTAINED WITHOUT LEAVE TO AMEND as to the following causes of action: first (1st) cause of action for breach of written contract, second (2nd) cause of action for breach of fiduciary duty, third (3rd) cause of action for fraudulent inducement to contract, fourth (4th) cause of action for negligence, fifth (5th) cause of action for violation of Business and Professions Code section 17200, et seq., the sixth (6th) cau...

Excerpt: ...ynoso are ORDERED to file an Answer to the First Amended Complaint within 20 days. Introduction Defendants Don Chava Foods, Inc. (Don Chava,) Daniel Reynoso (Daniel ,) Christian Reynoso (Christian,) and Humberto Reynoso (Humberto) (collectively, Defendants) moved to strike portions of Plaintiff Christine Rocha (Plaintiff) First Amended Complaint (FAC.) The motion placed into issue Plaintiff's second cause of action (COA) for conspiracy to defraud...

Excerpt: ...request, and that the account Defendant opened has an outstanding amount which is due. On August 23, 2023, Defendant filed a motion to compel arbitration, which was granted in part on October 19, 2022. The Court granted Defendant's motion according to the terms of the arbitration agreement and denied the concurrent Request to Dismiss. On May 15, 2023, Defendant filed this instant motion to compel payment of arbitration fees. To date, no oppositio...

Excerpt: ...ust Account of BOUCHER LLP 21600 Oxnard Street, Suite 600 Woodland Hills, California 91367-4903 by 8/11/2023. 2. The Plaintiff's Motion to Deem Requests for Admission Set Two Admitted is GRANTED. Monetary Sanctions are GRANTED against Defendant in the amount of $1692.50. Monetary sanctions shall be paid by Los Angeles Unified School District to the Client Trust Account of PEARSON WARSHAW, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, Calif...

Excerpt: ...mmissions, income, salary and all rights to payment thereunder earned from Raymond Ghermezian, Esq. and his firm, Raymond Ghermezian, APC (collectively, Ghermezian), to the Assignees to the extent necessary to pay the Assignees' judgment in full, including accrued interest through the date of payment, and (2) for an order restraining Khoei and any other person acting on behalf of Khoei from encumbering, assigning, disposing of, or spending the co...

Excerpt: ...per se as alleged in the Complaint filed by Plaintiffs Leila Javadpour and Taraneh Bolourchian (collectively, "Plaintiffs"). Discussion Defendants asserts that there is no triable issue of material fact concerning Plaintiffs' claim for libel because the statements made by each defendant were true as evidenced by the judicial determination made in Audrey Parker v. Leila Javadpour Orange County Superior Court case No. 30-2022-01283172 ("Elder Abuse...

Excerpt: ...dina, Xavier Cisneros, a minor, Jacob White, Jr., a minor, and Jaxson White, a minor's leave to amend is limited to curing the defects identified and not to add new causes of action. Defendants Lanark Court Apartments, Statewide Management, Inc., Mireya Arellano, Karla Galo, and Iris Abrham's Motion to Strike Punitive Damages is MOOT as to the first cause of action for battery and DENIED as to the third cause of action for intentional infliction ...

Excerpt: ...epresentation; (3) Promissory Estoppel; and (4) Unlawful Competition, Business & Professions Code sections 17200, et seq. On June 20, 2023, Plaintiffs filed an ex parte application for an Order to Show Cause Re: Preliminary Injunction to Enjoin Trustee's Sale of Real Property and for Temporary Restraining Order. On the same day, the Court granted Plaintiffs' ex parte application and scheduled the Order to Show Cause Re: Preliminary Injunction for...

Excerpt: ...ibits B, C, and D; and GRANTED as to Exhibits I and J. Introduction Defendant Nissan North America, Inc. (Defendant) moved to compel arbitration and stay Plaintiff Ivan Ramirez's (Plaintiff) action. Discussion At issue is whether Defendant met their initial burden to show the existence of an arbitration agreement. Defendants can meet their initial burden to show the existence of an arbitration agreement under Code of Civil Procedure section 1281....

Excerpt: ...ed under the first four causes of action and MOOT as to punitive damages requested under the fifth cause of action for fraud concealment. Introduction Defendant General Motors LLC (Defendant) demurred to Plaintiff Amir Balouch's (Plaintiff) Complaint. Defendant demurred to Plaintiff's fifth cause of action (COA) for fraudulent inducement- concealment. Defendant moved to strike Plaintiff's request for punitive damages. Discussion Defendant argued ...

Excerpt: ...st Account of Nita Law Firm, 3055 Wilshire Blvd., Suite 450, Los Angeles, CA 90010 pursuant to CCP section 2023.010, discovery abuse without substantial justification. 3. Plaintiff's Motion to Compel defendant Hyundai North America as to SROG 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52, 54, 55: GRANTED. VERIFIED ANSWERS WITHIN 20 DAYS. SROG 49, 53: DENIED. OVERBROAD, COMPOUND, SEEKS ATTORNEY CLIENT AND ATTORNEY WORK PRODUCT PRO...

Excerpt: ... Moreno, and Nicholas Mariano Moreno's (Mariano ), individually (collectively, Plaintiffs). Discussion Whether under Federal or California law, trial courts must decide the first gateway issue of whether an enforceable arbitration agreement exists between the parties. (9 U.S.C. sec. 2; Code Civ. Proc. sec. 1281.2.) It is the Court's responsibility to determine whether the parties agreed to arbitrate the matter. (9 U.S.C. sec. 4; Code Civ. Proc. s...

Excerpt: ...dence. Plaintiff requested: (1) Monetary sanctions in the amount of $10,000; (2) Issue sanctions establishing that Ms. Soble deleted her text messages to avoid producing evidence that Mr. Terrell asked her to stop sexually harassing him; (3) Evidentiary sanctions precluding Ms. Soble from introducing evidence to argue that her spoliation was unintentional; (4) A jury instruction pursuant to CACI 204; and (5) A special jury instruction stating tha...

Excerpt: ...to allege proper licensure to support his claim for compensation. (Bus. & Prof. Code, sec. 7031; MW Erectors, Inc. v. Niederhauser Ornamental & Metal Works Co., Inc. (2005) 36 Cal.4th 412.) Defendant's reliance upon the Class C-8 Concrete Contractor specialty classification in the California Code of Regulations, title 16, section 832.08 is unpersuasive because Defendants' argument used the word “pour” in the specialty classification out of co...

Excerpt: ...on under California law. Objections were made to the production of these records. It would have been expected that a protective order for mental health information would have been entered into. The court has the obligation to follow the law. Accordingly, in the absence of other agreements, the court limited use of the mental health treatment information. The court is satisfied that the protective order issued was warranted and authorized by the l...

Excerpt: ... (collectively, Plaintiffs) First Amended Complaint (FAC.) Defendant's motion placed into issue the three causes of action (COA) for malicious prosecution, financial elder abuse, and abuse of process. Discussion Defendant argued that the claims in the FAC are protected conduct under the right to petition. Plaintiffs' malicious prosecution and financial elder abuse COAs are grounded on Defendant's Underlying Action's second through sixth COAs for ...

Excerpt: ...ed. Introduction Cross-Defendants Rodeo Realty, Inc., and Leo McHale (collectively, Cross-Defendants) moved to strike portions of Cross-Complainant Dorothy A. Schwartz, as trustee of the Stephen and Dorothy Schwartz Living Trust's (Cross-Complainant) Cross-Complaint (XC). The motion placed into issue Cross- Complainant's request for treble damages, general damages, and attorneys' fees. Discussion Cross-Defendants argued that Cross-Complainant fai...

Excerpt: ...d Memorandum of Costs (Memo) filed on December 12, 2022. Procedure Cross-Complainant argued that the motion to tax costs (Motion) is untimely. The Motion is required to be filed within 15 days (plus 5 days for mailing) of service of the Memo. (Cal. Rules of Court, rule 3.1700.) Prior to the original December 30, 2022, deadline, Cross-Defendant (including Plaintiff Janna Beyder, individually and as trustee) sought and was granted an extension for ...

Excerpt: ...ung Lee, DDS, Inc.'s Motion to Strike Punitive Damages is MOOT. Introduction Defendants James Jaehyung Lee and James Jaehyung Lee, DDS, Inc.'s (collectively, Defendants) demurred to Plaintiff Topanga & Victory Partners, L.P.'s (Plaintiff) First Amended Complaint (FAC). Defendants' demurrer placed into issue all five causes of action (COA). Defendants' motion to strike sought to strike Plaintiff's request for punitive damages. Discussion Under the...

Excerpt: ... to file a First Amended Cross-Complaint in the instant lead action (Salinas), as well as three consolidated actions – Mejia et al. v. Transit Systems Unlimited, Inc., et al. (Case no. 19STCV41643, Mejia), Urciel v. Transit Systems Unlimited, Inc., et al. (Case no. 20STCV39458, Urciel), and Lemus v. Transit Systems Unlimited, Inc. (Case no. 19STCV44511, Lemus). Church is requesting to add three new causes of action (COA) for breach of contract,...

Excerpt: ...ynoso are ORDERED to file an Answer to the First Amended Complaint within 20 days. Introduction Defendants Don Chava Foods, Inc. (Don Chava,) Daniel Reynoso (Daniel ,) Christian Reynoso (Christian,) and Humberto Reynoso (Humberto) (collectively, Defendants) moved to strike portions of Plaintiff Christine Rocha (Plaintiff) First Amended Complaint (FAC.) The motion placed into issue Plaintiff's second cause of action (COA) for conspiracy to defraud...

Excerpt: ...f action (COA) for negligent repair alleged in Plaintiffs Saul and Samuel Vargas' (collectively, Plaintiffs) Complaint. Discussion Defendant argued that the third COA for negligent repair is barred by the economic loss rule and failed to plead supportive facts as to the element of damages. Plaintiffs' Complaint alleged that Defendant breach included the failure to “properly store, prepare and repair” the vehicle. (Compl. par. 42-43.) However,...

Excerpt: ...'s Motion to Dismiss is GRANTED. Galpin Defendants' objections to Exhibits A-D to Mr. Yadegeri's supplemental declaration are sustained. Objections to the Goldwater Declaration appear in a separate document. Introduction Defendant Ford Motor Company (FMC or Defendant) moved to dismiss Plaintiffs Michael Yadegari and Scott Goldwater's (collectively, Plaintiffs) First Amended Complaint (FAC) for lack of jurisdiction. The motion to dismiss was origi...

Excerpt: ...ion (MSA) as to the 1st cause of action (COA) for fraud, the 2nd COA for false representation, 3rd COA for negligent misrepresentation, 4th COA for concealment, 5th COA for intentional infliction of emotional distress (IIED), 6th COA for gross negligence , and 7th COA for insurance fraud. DISCUSSION Defendant argues that there is no triable issue of material fact as to any of the seven causes of action and that summary judgment should be granted ...

Excerpt: ...punitive damages requested under the first four causes of action and MOOT as to punitive damages requested under the fifth cause of action for fraud concealment. Introduction Defendant General Motors LLC (Defendant) demurred to Plaintiff Kuimars Khalili's (Plaintiff) First Amended Complaint (FAC.) Defendant demurred to Plaintiff's fifth cause of action (COA) for fraudulent inducement-concealment. Defendant moved to strike Plaintiff's request for ...

Excerpt: ...WITH 20 DAYS LEAVE TO ALMEND as to the punitive claims ONLY and otherwise DENIED Introducti on Defendants Reza Momeni (Momeni) and Reza Ghazi (Ghazi) (collectively, Defendants) demurred to Plaintiff Matthew Modaraei's (Plaintiff) First Amended Complaint (FAC_) Defendants' demurrer placed into issue the sixth cause of action (COA) for fraud intentional misrepresentation and seventh COA for fraud — concealment Defendants moved to strike the sixth...

Excerpt: ...oss-Complainant Elly Nesis Company: Inc.: and Elihu S. Nesis' (collectively, ENCO) Cross-Complamt and altematlvely moved for summary adjudication (MSA) against the second cause of action (COA) for express indemnity the third COA for equitable indemnity, die COA for contribution, and die fifth COA for declaratory relief. Procedure "[T]he specific cause of action, affirmative defense: claims for damages, or issues of duty must be stated specificall...

Excerpt: ...el. On 4/4/2023 at 10:27 a.m., plaintiffs counsel sent an email letter of representation to both defense counsel. On 4/4/2023 at 12:05 p.m., default was entered. On 4/5/2023 at 9:57 a.m., plaintiffs counsel emailed both defense counsel and stated that he noticed that a default was filed 4/4/2023 and reminded that he had advised them ofhis representation before default was entered, then asked plaintiff to stipulate to set aside the default. On 4/5...

Excerpt: ...f the examinee is a recognition of the fact that sometimes it is necessary to do so. Mr. Goren's main objection is he shares responsibilities with the mother of his two children, ages 7 and 6 and that "I run the risk of motions being filed against me changing joint custody if I miss any time with my children. " He give no explanation why he would lose joint custody of his children if required to by court order to travel to Califomia for 3 days fo...

Excerpt: ...ely, Defendants.) Plaintiffs reply was due May 15, 2023 but none was filed. Discussion Plaintiff has the initial burden to show that a valid arbitration agreement exists and that the claims at issue fall within it (Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677, 687.) Plaintiff submitted the signed Commission Agreement which contains an arbitration provision. (Plaintiff Decl. pars. 15, 17-21; Slade Decl.par. 5,...

Excerpt: ...tial justification per CCP section 2033.280 in the sum of $1,060 payable by check or money order to the Client Trust Account of Shaver, Korff & Castronovo LLP, 16255 Ventura Blvd., Suite 850, Encino, CA 91436 no later than 6/9/2023. No sanctions against plaintiffs counsel as there is no evidence that he engaged in discovery abuse. It was not sanctionable conduct for him to explain why he should not be sanctioned. Hearing on Motion to Compel Disco...

Excerpt: ...omero's (PlaintifO Complaint LMGI's MSA moved against all three causes of action (COA) alleged in the complaint: 1) motor vehicle, 2) general negligence: and 3) negligent hiring, retention, and superviston_ DefendantDoe 2 Laseraway Holdings, LLC (LAH) separately filed an against Plaintiffs Complaint. LAH's MSA also moved against all three COAs in the Complaint LMGI and LAH are collectively referred to as "Defendants." On May 2, 2023, Plaintiff fi...

Excerpt: ...tice is GRANTED as to the documents existence but not as to hearsay or facts in dispute. Introduction Defendant Bank of America (Defendant) demulTed to Plaintiff Hassan Aminghazaei's (PlaintifO Verified Complaint (VC_) Defendant's demurrer placed into issue the three causes of action (COA) alleged-. violation of Business & Professions Code section 17200 (unlawful prong — Penal Code section 532 (theft under false pretense;)) violation of Civil C...

Excerpt: ...ser (collectively, Plaintiffs). The MSJ placed into issue the two causes of action (COA) for professional negligence Disc ussion Defendants argued that there is no triable issue of material fact as to the negligence elements of breach and causation. Summary judgment must be granted where health care providers file a supportive expert declaration establishing conduct falling within the community standard of care, and opposing parties file no confl...

Excerpt: ... and served per Code based upon the new hearing date. Defendants Don Chava Foods, Inc„ Daniel Reynoso, Christian Reynoso, and Humberto Reynoso's Requests for Judicial Notice in support of their Demurrer is GRANTED as to the existence of the documents but not as to hearsay or facts in dispute. Plaintiff Christine Rocha's Request for Judicial Notice is GRANTED as to the existence of the document but not as to hearsay or facts in dispute. Introduc...

Excerpt: ...t says that one can only make a motion to compel on the discovery discussed at an IDC, as claimed by plaintiff. 1. Defendant has requested that plaintiff identi$ every health care provider that she has seen, regardless of the reason. Plaintiff has made some objections which have no merit and those are stricken: objections vague, ambiguous, General Objections 1, 2, 3, 5, 6, 7 and 8. This motion is based on a declaration of a doctor that says he ne...

Excerpt: ...ir dealing failed to plead sufficient facts the claim sought to prohibit Defendant from doing that which is expressly permitted by the agreement (i.e., terminate the agreement for convenience.) (Carma Developers (Cal.), Inc. v. Marathon Development California, Inc. (1992) 2 Ca14th 342: 374 and Wolf v. Walt Disney Pictures & Television (2008) 162 1101) Defendant's argument relied upon the agreement's provision stating: "Termination for Convenience...

Excerpt: ...econd District Coun of Appeal opinion in Ford Motor Warranty Cases/Ochoa v. Ford Motor Company [And four other cases] (Apr. 4: 2023, B312261) 89 1324 [2023 WL 2768484] (FMWC.) Plaintiffs were ordered to file a supplemental brief by April 25, 2023: and Defendant was ordered to file a supplemental brief by May 1, 2023. Neither party filed supplemental briefing. Despite the parties failure to comply with the Court order, the Court proceeded with the...

Excerpt: ... on December 28, 2022 Disc ussion Defendant asserted that the Retail Installment Contract (RISC) entered between Plaintiffs and non-party Nissan of Van Nuys contained an arbitration agreement. Despite Defendant not being a signatory to the RISC, Defendant asserted that they could enforce the arbitration agreement against Plaintiffs through equitable estoppel doctrine and third-party beneficiary The Court exercises its discretion in following Ford...