Excerpt: ...Help All Inc. dba Nonprofit Alliance of Consumer Advocates and Defendant The REO Group, Inc.'s Motions to Compel Arbitration and Stay the Action are MOOT and taken OFF-CALENDAR. Introduction Plaintiff Gina Watson (Plaintiff) moved for leave of Court to file the Proposed Second Amended Complaint (Motion for Leave). Non-Party Serve All, Help All Inc. dba Nonprofit Alliance of Consumer Advocates (NACA) filed an Opposition to the Motion for Leave. De...

Excerpt: ...dgment on the pleadings against Plaintiff Lori Murphy's (Plaintiff) First Amended Complaint (FAC). Defendant placed into issue the only cause of action (COA) for “intentional tort.” Plaintiff's opposition was due January 25, 2024 and none was filed. Discussion Preliminarily, the Court noted that Plaintiff cured the pleading identified in the Court's September 13, 2023 Order on the Motion for Judgment on the Pleadings against the original Comp...

Excerpt: ...identiary Objections As the ruling on the objections does not affect the outcome in this matter, the objections are overruled. Introduction Defendants Arthur Minassian, as Special Administrator and Trustee (Arthur ), and Madelene Minassian (Madelene) (collectively, Defendants) moved to set aside their defaults in this action filed by Plaintiffs Aida Galstian Norhadian (Norhadian) and Seda Galstian Aghaian (Aghaian), as individuals and as trustees...

Excerpt: ...t cause of action (COA) for negligence, the second 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 Defendant...

Excerpt: ...is limited to curing the pleading defects identified and not to add new causes of action. Introduction Defendants Hyundai Motor America (HMA) and Van Nuys-H, Inc. dba Keyes Hyundai of Van Nuys (Keyes) (collectively, Defendants) demurred to Plaintiff Liel Levi's (Plaintiff) Complaint. The demurrer placed into issue the second cause of action (COA) for negligent misrepresentation, fourth COA for strict liability, fifth COA for production liability,...

Excerpt: ...sion Before the burden shifts to Plaintiff to oppose the motion, Defendant must initially prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Valsan Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 817.) Defendant argued that Plaintiff should be compelled to arbitration and the action be stayed based upon the Retainer Agreement's arbi...

Excerpt: ... intentional misrepresentation, 2) cancellation of instrument, 3) slander of title, 4) quiet title, 5) negligence, and 6) monies had and received. The reply to the MSJ/MSA was due on January 26, 2024. However, none was filed by Defendant. Procedure The Notice to the MSA failed to identify the “specific cause of action, affirmative defense, claims for damages, or issues of duty” sought to be adjudicated. (Cal. Rules of Court, rule 3.1350(b).) ...

Excerpt: ...13/2023 are stricken on the grounds that the complaint in intervention was never filed, nor was it served on the parties sued. Superior Life has no standing in this case. FUTURE ORDER TO SHOW CAUSE RE MONETARY SANCTIONS: The court sets an OSC on _______________ at 8:30 a.m. in Dept. T why monetary sanctions of $5,000 should not be issued against Superior Life Finance and its counsel of record - Benjamin Fliegel (SBN 277940), Daniel Ahn (SBN235023...

Excerpt: ...ly, Plaintiffs) Complaint. Procedure Defendant asserted that the opposition was untimely and it should not be considered. The opposition was to be filed/served within 15 days after service of the motion. (Cal. Rules of Court, rule 3.1342(b).) The opposition was filed/served on January 12, 2024, which is 30 days after the December 13, 2023 filing/service date of the motion. However, Defendant presented no legal authority which requires the Court t...

Excerpt: ...only does defendant use boilerplate language in its response to the RFPs and the responses were not Code compliant, the separate statement also is boilerplate itself. Monetary sanctions are awarded to plaintiff pursuant to CCP section 2023.030 against defendant Volkswagen Group of America, Inc. in the sum of $2,500 payable to the Client Trust Account of Strategic Legal Practices A Professional Corporation, 1888 Century Park East, 19th Floor, Los ...

Excerpt: ...ates of availability to reschedule the IME with Dr. Nelson.” At 11:13 am on November 27, 2023, Shraddha D. Friend, identifying herself as the legal assistant to Sayyora Badalbaeva, Esq., attorney of record for Walmart, sent an email providing the response from Dr. Nelson's office: “To allow the patient time to recover from this surgery, I can reset the IME for 1/23/24 at 2:00 pm.” (See Exhibit C.) About thirty minutes later, the undersigned...

Excerpt: ... Group; Kaiser Foundation Health Plan, Inc.'s Motion to Strike is MOOT as to the remedies requested under the second and fourth causes of action and GRANTED WITHOUT LEAVE TO AMEND as to punitive and exemplary damages requested under the third cause of action for loss of consortium. Introduction Defendants Kaiser Foundation Hospitals; Southern California Permanente Medical Group; Kaiser Foundation Health Plan, Inc. (collectively, Defendants) demur...

Excerpt: ...oduction Defendants Tarzana Health Systems, LLC (THS) and Peter Brugetti (Brugetti) (collectively, Defendants) demurred to Plaintiff Sharon Lodin's (Plaintiff) Second Amended Complaint (SAC). The demurrer placed into issue the first cause of action (COA) for negligence, the second COA for premises liability, and the third COA for strict liability. Discussion Specifically to the third COA for strict liability per Civil Code section 3342, Plaintiff...

Excerpt: ...ns of Labor Code sections and other provisions of the California Labor Code”. Discussion Defendant argued that the FAC failed to allege supportive facts to support the alleged violations of the Labor Code and California Code of Regulations. A liberal reading of the FAC showed that the FAC is insufficiently pled as argued by Defendant. Without supportive facts alleged in the FAC, the FAC did not provide Defendant with proper notice of the claims...

Excerpt: ...t filed on December 20, 2023. Defendants demur to the fifth cause of action for fraud. Procedural Issues Defendants' meet and confer declaration is insufficient. Defense counsel testifies that he left a voicemail and follow-up email setting forth the grounds for demurrer. Counsel fails to indicate when he did either of these things. Discussion Defendants' demurrer to the fifth cause of action for fraud is overruled. Defendants allege that, on Jul...

Excerpt: ...d the second COA for breach of covenant of quiet enjoyment. Discussion As to the action for declaratory relief, the Code of Civil Procedure section 1060 provides in part that "[a]ny person interested under a written instrument, … or under a contract, … may, in case of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his ...

Excerpt: ...eking to repossess the 2020 Mercedes Benz A220 Serial No. WDD3G4EBXLW040104 from Defendant RC. Defendant RC's Towing Simi Valley, Inc. did not file an opposition, which was due on December 26, 2023. Procedural Issues Plaintiff served Defendant RC with the Complaint and Summons, the Notice of Application for Writ of Possession, the Application for Writ of Possession, the Memorandum of Points and Authorities in support of the application, supportin...

Excerpt: ...as battling drug addiction until his death on August 6, 2021. On August 4, 2023, Patricia Lingard, Carlton Lingard, and the Estate of Dakota Lingard (collectively, "Plaintiffs") filed a Complaint against Sober Souls, Inc., Community House Sober Living, Inc., Sober Soul Sober Living, Audy Harman, and Jonathan Chang. The Complaint was followed by a First Amended Complaint (FAC) on November 17, 2023, containing the following eight causes of action: ...

Excerpt: ... intervenor, becomes a party to an action or proceeding between other persons by doing any of the following:(1) joining a plaintiff in claiming what is sought by the complaint,(2) uniting with a defendant in resisting the claims of a plaintiff, or(3)demanding anything adverse to both a plaintiff and a defendant" (Code Civ. Pro.,§387, subd. (b)(1)-(3).) "A nonparty shall petition the court for leave to intervene by noticed motion or exparte appli...

Excerpt: ...ilure to comply with California law in connection with a defective electric vehicle manufactured and sold by GM. Plaintiff leased a new 2021 Chevrolet Bolt (“Subject Vehicle”) on June 24, 2021. (FAC, ¶ 8.) The Subject Vehicle was delivered with substantial defects and non-conformities to warranty, including but not limited to serious battery defects. (FAC, ¶ 10.) Plaintiff had conversations with the sales representatives at Culver City Chev...

Excerpt: ...ated a decade-long fraudulent scheme in which their partnership and its assets were secretly transferred into her sole ownership through coercion. Discussion Preliminarily, defendants PEN Music Group, Inc. and Michael Eames request the court to take judicial notice of (1) Plaintiff's complaint in Baker v. Firstcom Music, et al., Case No. 2:16-cv-08931-VAP-JPR (C.D. Cal); (2) March 15, 2018 order regarding parties' cross-motions for summary judgme...

Excerpt: ...r home. Plaintiffs had an insurance policy with and contacted their insurer, Defendant Amguard (erroneously sued as Berkshire Hathaway Guard) ("Defendant"), regarding coverage for their covered losses in their home. After reporting their claim, Plaintiffs waited nearly three months to receive a payment of $83,087.99. (FAC, 15.) However, Plaintiffs' estimates were much higher, including one from Westland Contracting totaling $178,586.80. (FAC, 16....

Excerpt: ...he third COA for negligence, and the fourth COA for breach of fiduciary duty. Discussion Defendant argued that the second through fourth COAs are duplicative of the first COA for violation of Civil Code section 5975. Preliminarily, Defendant misconstrued the first COA as a breach of contract claim that sought contract damages. The first COA, as plainly read, alleged a statutory violation. The statute provides authority to enforce Covenants, Condi...

Excerpt: ...al Insurance Company (Defendant) demurred to Plaintiff Samson Primm's (Plaintiff) Second Amended Complaint. The demurrer placed into issue the second cause of action (COA) for breach of covenant of good faith and fair dealing. Defendant moved to strike Plaintiff's request for punitive damages. Discussion Defendant argued that there are insufficient facts pled to support the second COA for bad faith because the allegations do not plead facts to al...

Excerpt: ...laint) to add factual allegations regarding the Assignment of the Property Management Agreement and the Lease Listing Agreement. Introduction Defendant/Doe 2 Aryeh Hoffman dba Hoffman Brothers Realty (Hoffman) and Defendant/Doe 3 Hoffman Brothers Realty, LLC (HBR) (collectively, Hoffman Brothers) moved for summary judgment (MSJ) against Plaintiff Napco, LLC's (Napco) Complaint. In the alternative, Hoffman Brothers moved for summary adjudication (...