Excerpt: ...rily dismissed on April 13, 2022) and Eliza's first COA for partition in Eliza's Cross-Complaint Eliza requested fees under Code of Civil Procedure section 874 010 in the amount of $206,370 00 Disc ussion Eliza requested her attorneys' fees on the partition action and asserted to be the prevailing party (Code Civ. Proc. secs_ 874.010 & 874.040.) It is undisputed that the partition claims both in the Complaint and Cross-Complaint have been resolve...

Excerpt: ...ay discovery pending criminal case. The ex parte hearing was held on February 8: 2023. The matter was ultimately heard on March 21, 2023, and the Court temporarily stayed all proceedings. The matter was re-scheduled for the instant hearing. The Court noted that on July 22, 2022, Plaintiffs motion to stay proceedings was granted and the action was stayed for 180 days pending the criminal case against Plaintiff Disc ussion Preliminarily, the Coun n...

Excerpt: ....m. Mandatory appearance unless case is dismissed or judgment has been entered. Introduction Defendant Hi-Tech Builders: Inc. (Defendant) moved to compel arbitration and stay the action filed by Plaintiff Jiao Jiao Fu (Plaintiff) Disc ussion Defendant submitted that Plaintiff s claims are covered under the construction contract's arbitration agreement. (Motion, Exh_ A, pg. 5, par. 2.) With the attachment: Defendant met its initial burden to show ...

Excerpt: ...and denied Defendant's separate motions to compel arbitration and motion to stay Plaintiff s action. The prior motions were filed on January 3: 2023 Procedure Plaintiff objected to the instant motions and argued that they are actually motions under Code of Civil Procedure section 1008 (Section 1008.) Specifically, Plaintiff asserted that the instant motions are motions for reconsideration (Code Civ. Proc. sec. 1008(a)_) Section 1008 authorizes tw...

Excerpt: ...ed to Plaintiff David White's First Amended Complaint (FAC_) Defendants' demurrer placed into issue all six causes of action (COA) alleged in the FAC. Defendants' moved to strike portions of the FAC Defendants' motion placed into issue certain allegations and the request for punitive damages. The Reply was due April 17 2023 It was filed without an explanation as to the late filing on 4/19/2023 _ The Reply is not considered. Disc ussion Defendants...

Excerpt: ... Complaint (FAC.) This matter was continued by the Court for the parties to submit supplemental briefing on the recently released Second District Court of Appeal's case, Martha Ochoa v. Ford Motor Company [And four other cases.] (Apr. 4, 2023, B312261) __ Cal.Rptr.3d __ [2023 WL 2768484] (Ford Motor Warranty Cases or FMWC.) Both parties submitted their supplemental briefs. Discussion Defendant argued that the Court should follow the reasoning of ...

Excerpt: ...ion to the motion was inadvertently not been timely filed. (It was filed on 3/7/2023.) Plaintiff had prior to the hearing filed late the “Declaration of Matthew Joy Re Plaintiff Rosa Paniagua Gonzalez's Evidence in Opposition to Defendant The Universal Church, Inc.'s Motion for Summary Judgment” along with a declaration of attorney error. The court heard oral argument and took the matter under submission. In the court's ruling on the submitte...

Excerpt: ...y moved to quash the service of Plaintiff SRI, LLC's (Plaintiff) summons and complaint. Discussion “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove … the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) A filed proof of service creates a rebuttable presumption that service was proper, if it com...

Excerpt: ...on. Procedure Defendant argued that Martha Ochoa v. Ford Motor Company [And four other cases.] (Apr. 4, 2023, B312261) __ Cal.Rptr.3d __ [2023 WL 2768484] (Ford Motor Warranty Cases or FMWC) is not citable because it is not final until 30 days after filing. (Cal. Rules of Court, rule 8.264.) However, finality of the opinion does not determine whether the opinion is citable and considered stare decisis. Once an opinion is published it may be cited...

Excerpt: ...-Desai's Request for Judicial Notice is DENIED as to Exhibits 9, 17, and 20 and otherwise GRANTED but not as to any hearsay or facts in dispute. Plaintiffs Veronica Lopez and Gerardo Figueroa's Request for Judicial Notice is GRANTED but not as to any hearsay or facts in dispute. Introduction Defendants Normandie Wilshire Retirement Hotel, Inc., and Vandana Dhawan-Desai (collectively, Defendants) moved for judgment on the pleadings against Plainti...

Excerpt: ...nela Jenkins a/k/a Diana Jenkins ("Plaintiff"). Pursuant to Code of Civil Procedure section 425.16(g), discovery was stayed pending the Court's ruling on Defendant's motion. Plaintiff now moves to conduct specified discovery. Discussion A court may grant a continuance of an anti-SLAPP motion to allow discovery for good cause. (Code Civ. Proc. § 425.16(g).) "To establish good cause, the plaintiff must file a noticed motion identifying the specifi...

Excerpt: ...for monetary sanctions against defendants Diamond Professionals International and Joselyn Soble, jointly and severally, is granted in the sum of $2,000 for the fees incurred for the ex parte application on 4/4/2023 and a small portion of this motion to seek sanctions. The bulk of this motion was unnecessary to achieve any legitimate discovery goal. Monetary sanctions of $2,000 are ordered to be paid by 5/12/2023 by defendants to the Client Trust ...

Excerpt: ...664.6 is GRANTED. Judgment is ordered in favor of plaintiff Creditors Adjustment Bureau, Inc. and against defendant SILVESTRE BAUTISTA TORRES AKA SILVESTRE TORRES AKA SILVESTRE B TORRES DBA SILVER ROOFING in the sum of $37,765.61. 1. Introduction This is an action for breach of a promissory note. Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) is the assignee of certain debt owed to the State Compensation Insurance Fund. Plaintiff a...

Excerpt: ...he Mirsalimi Family Trust Dated May 31 2011 ("Mirsalimi") and Shararn Salmasizadeh, Trustee Of The Shafa Trust Dated February 19, 2 2019 ("Salmasizadeh") (collectively "Defendants") demur to the second, fourth, and ninth causes of action in Plaintiff Erin Hick' s ("Plaintiff') Complaint 2. Discussion a. Private Nuisance ' 'Anything which is injurious to health: including, but not limited to: the illegal sale of controlled substances, or is indece...

Excerpt: ...nd not as to the facts in dispute. Introduction Plaintiff Richard Walker moved for $71,683.50 in attomeys' Defendant Hyundai Motor America (Defendant.) Procedure fees against Plaintiff requested judicial notice of other Coun orders related to attorney fees in other lemon law actions. However, the Court's rulings as to what was deemed to be a reasonable rate for attomeys' fees in those cases are presented to support a disputed fact in the instant ...

Excerpt: ...omplainant John R. Mahoney's (Cross-Complainant) Cross-Complaint (XC_) Cross-Defendant's demurrer placed into issue the second cause of action (COA) for negligence, the third COA for fraud, the founh COA for indemnity, and the fifth COA for estoppel_ Disc ussion Cross-Complainant's second COA for negligence alleged that Cross-Defendant had a duty to "disburse loan proceeds to ENTRON only as consistent with the progress of the completion of the sy...

Excerpt: ...The essence of a premises liability claim is that there was negligence or some other wrongftl act on premises causing injury to plaintiff, not damages to property. See, CACI 1000, Premises Liability Damages to property is an element of damages attached to a primary right FIFTH COA (UNJUST ENRICHNIENT): Sustained without leave to amend. "[U]njust enrichment is not a cause of action. Rather, it is a general principle underlying various doctrines an...

Excerpt: ...oduction Plaintiff Tatevik Serobyan (Plaintiff) demulTed to Defendant Suzanna Soriano' s (Defendant Answer. Plaintiffs demurrer placed into issue all eleven Affirmative Defenses (AD) alleged in Defendant's Answer Disc ussion Plaintiff argued that all eleven ADS failed to allege sufficient facts and were uncertain. Plaintiff åurther argued that the ADS failed to state which causes of actions (COA) the defense responds to. Although the ADS did not...

Excerpt: ...swer due in 20 days. Defendant General Motors LLC's Motion to Strike Portions of the First Amended Complaint is MOOT. Introduction Defendant General Motors LLC (Defendant) demurrer to Plaintiff Hector Sanchez's (PlaintifO First Amended Complaint (FAC) Defendant placed into issue the fourth cause ofaction (COA) for fraudulent inducement - concealment. Defendant moved to strike the request for punitive damages in the FAC's Prayer paragraph 6. Plain...

Excerpt: ...chi 's Request for Judicial Notice submitted with the Demurrer is GRANTED but not as to any hearsay or facts in dispute. Defendants Forouzandeh Makarehchi and Tannaz Makarehchi's two Requests for Judicial Notice submitted with the Reply are DENIED due to relevance. Introduction Defendants Forouzandeh Makarehchi (Forouzandeh[l]) and Tannaz (Tannaz) Makarehchi (collectively, Defendants) demurred to Plaintiffs Leila Javadpour (Javadpour) and Taraneh...

Excerpt: ...ourt issues its tentative rulings: 4. 6. The court does not approve of omnibus motions which do not refer to any specific topics or documents. The answer to this motion is "it depends." It depends on what was asked, what was answered, whether a motion to compel was made, and/or whether the court ordered further responses. Having not specific any particular witness deposition, or discovery request and response, the court cannot review this motion ...

Excerpt: ...ckman (Chief Operating Officer), Scott Heckman (Chief Executive Officer), and Todd Heckman (President) (collectively Deponents.) Disc ussion ' '[W]e hold that when a plaintiff seeks to depose a corporate president or other official at the highest of corporate management: and that official moves for a protective order to prohibit the deposition: the trial court should first determine whether the plaintiff has shoun good cause that the official has...

Excerpt: ... Thomas Petrou's separate Motions for Summan Judgment and alternative Motions for Summary Adjudication are DENIED. Plaintiffs H.L Doe and CH. Doe 's Request for Judicial Notice is GRANTED as to the pleadings existence but not as to any hearsay orfacts in dispute. 1. INTRODUCTION Defendants The Hype House LLC (THH) and Thomas Petrou (Petrou) (collectively, Defendants) separately moved for summary judgment (MSJ) or altematively for summary adjudica...

Excerpt: ... Defendant State Farm General Insurance Company (Defendant) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiffs Paul and Nina Caslavka (Plaintiffs) Complaint. Defendant's MSA asserted three issues: 1) Plaintiffs cannot establish a breach of contract cause of action (COA) because there is no breach of contract; 2) Plaintiffs cannot establish a breach of the implied covenant of good faith and fair de...

Excerpt: ...Tannaz Makarehchi's Request for Judicial Notice submitted with the Demurrer is GRANTED but not as to any hearsay or facts in dispute. Defendants Forouzandeh Makarehchi and Tannaz Makarehchi's two Requests for Judicial Notice submitted with the Reply are DENIED due to relevance. Introduction Defendants Forouzandeh Makarehchi (Forouzandeh[1]) and Tannaz (Tannaz) Makarehchi (collectively, Defendants) demurred to Plaintiffs Leila Javadpour (Javadpour...

Excerpt: ...d Complaint filed on 12/27/2022. Defendant placed into issue Plaintiff's product liability causes of action: count one for strict liability, count two for negligence, and count three for breach of warranty. It is clear she is claiming to have suffered gallbladder problems by drinking Corona Beer (in bottles), manufactured by Defendant. The actual date of injury, however, remains unclear. The original complaint was filed on 10/18/2022. She has att...

Excerpt: ...efendant Ralph Knapp's Motion to Tax Costs as to Item 16 – Prejudgment Interest is DENIED in part and GRANTED in part. Plaintiffs Wanda Butler and Patricia Lingle's Request for Section 3291 Interest is GRANTED and REDUCED. Plaintiff Wanda Butler is awarded $3,838.19 in interest. Plaintiff Patricia Lingle is awarded $ 3,032.38 in interest. The interest is calculated out to this hearing date. Plaintiffs Wanda Butler and Patricia Lingle's Request ...

Excerpt: ...MENT OR ALTERNATIVELY FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF ROSA PANIAGUA GONZALEZ'S COMPLAINT BY DEFENDANT THE UNIVERSAL CHURCH, INC. 3. MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF ISABEL LOPEZ LEMUS' COMPLAINT BY DEFENDANT THE UNIVERSAL CHURCH, INC. [TENTATIVE] ORDER: 1. Defendant The Universal Church, Inc.'s Motion for Summary Judgment and alternatively for Summary Adjudication against Plaintiffs Arcelia Quinteros and Miguel Ibarra's Co...

Excerpt: ...l Sterkel, and Carlos Gusman's request for joinder to Defendant Ford Motor Company's Motion to Dismiss is GRANTED. Introduction Defendant Ford Motor Company (Defendant) moved to dismiss Plaintiffs Michael Yadegari and Scott Goldwater's (Plaintiffs) First Amended Complaint (FAC) for lack of jurisdiction. Procedure Defendant argued that Plaintiffs' Opposition and the concurrently filed Declaration of Scott Goldwater, filed on February 9, 2023, is i...

Excerpt: ...ruled. Response to complaint due in 30 days. Introduction Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group (collectively, Defendants) moved to arbitrate and stay the Complaint by Plaintiff Mike Gevshanyan, by and through his Guardian Ad Litem, Agapi Gevshanyan and Agapi Gevshanyan. Procedure Plaintiffs objected to the admissibility of Defendants' Petition Exh. D on sever...

Excerpt: ...ration is DENIED. Introduction Defendant Northridge Care Center, Inc. (Defendant) separately moved to compel arbitration and stay plaintiff Vera Hoos' (plaintiff) action pending arbitration. Discussion Defendant argued that the parties entered into an arbitration agreement on November 13, 2020. The statutory scheme for enforcing arbitration agreements provides for a summary way in the manner and upon the notice provided by law for making and hear...

Excerpt: ...l on several statutory grounds: irregularity in the proceedings of the Court or adverse party; accident or surprise; newly discovered evidence; inadequate damages; insufficient evidence, or decision is against the law; and error in law during the trial. (Code Civ. Proc. sec. 657(1), and (3) - (7).) Further, Plaintiff alternatively requested that the Court take actions to change or add to the FSOD, modify, or vacate the judgment, grant new trial, ...

Excerpt: ...fendant Alice Minassian (Defendant) demurred to Plaintiff Armen Minassian (Plaintiff) Complaint. Discussion: Defendant's request for judicial notice and supplemental request for judicial notice is GRANTED but only as to the existence of the documents and not as to any hearsay or facts in dispute. Defendant argued that Plaintiff lacks standing to prosecute this action because Plaintiff filed a Chapter 7 Bankruptcy Petition after the instant action...

Excerpt: .... The Court enters Judgment against Defendants ECS Builders Group Inc. and Edan Cohen in the amount of $15,000.00 plus.$1,213.37 in attorneys' fees and costs. Introduction Plaintiff Eilene Krakover (Plaintiff) moved to enforce the settlement and have judgment entered against Defendant ECS Builders Group Inc. and Edan Cohen (Defendants.) Plaintiff's reply was due February 8, 2023. A reply was not filed. Discussion Courts are empowered to enter jud...

Excerpt: ... defenses. Introduction Plaintiff Edith Liberatore (Plaintiff) demurred to Defendant The 4455 Fulton Homeowners' Association, Inc's (Defendant) First Amended Answer (FAA.) Plaintiff put into issue all of Defendant's affirmative defenses (AD) except the twelfth AD alleging a statute of limitations defense. Discussion Plaintiff argued that Defendant's ADs failed to plead sufficient facts and are uncertain. The argument as to insufficient fact plead...

Excerpt: ...laintiff Jennifer Granados (Plaintiff) First Amended Complaint (FAC.) Discussion Defendant argued that there are insufficient facts to support the claim for punitive damages because facts are not pled to show malice, oppression, or fraud. Plaintiff argued that there is sufficient fact pleading to show Defendant's conscious disregard of the safety of others to show malice. The conscious disregard of the safety of others may constitute malice, and ...

Excerpt: ...irst and second causes of action and OVERRULED as to the third and fourth causes of action. Answer to the SAC shall be filed within 20 days. Plaintiff Robert Allen's Requests for Judicial Notice filed on January 25, 2023, and January 26, 2023 are GRANTED but not as to any hearsay or facts in dispute. Introduction Defendant Shellpoint Mortgage Servicing (Defendant) demurred to Plaintiff Robert Allen's (Plaintiff) Second Amended Complaint (SAC.) De...

Excerpt: ...rance Company and Mercury Insurance Group's Request for Judicial Notice is GRANTED. Introduction Defendants California Automobile Insurance Company (CAIC) and Mercury Insurance Group (Mercury) (collectively, Defendants) demurred to Plaintiff Justin Bass' (Plaintiff) Complaint's three causes of action (COA) for breach of contract, breach of the implied covenant of good faith and fair dealing and bad faith. Procedure Defendants argued that the Oppo...

Excerpt: ... The motion is CONTINUED as to additional briefing on the issue of prejudgment interest. The parties' points and authorities are limited to 5 pages. In that Plaintiffs Wanda Butler and Patricia Lingle are requesting prejudgment interest, they are considered moving parties on the issue and required to file opening and reply briefs. Defendant Ralph Knapp is ordered to file opposing briefs. The hearing date is set for _______________, 2023 and the b...

Excerpt: ... Requests for Judicial Notice are DENIED. 1. Introduction Defendant Equity Residential Management, LLC (“Defendant”) demurs against the Complaint filed by Plaintiffs Soraya Viray and Rosemarie Gray (“Plaintiffs”). The demurrer places into issue the second cause of action (“COA”) for invasion of privacy and third COA for declaratory relief. Defendant argues the demurrer should be sustained on the ground that these COAs fail to state fa...

Excerpt: ...s production of documents. The motions are not untimely. The 60 day deadline applies to filing of a motion after the deposition has been taken. Here, the depositions were never taken. A certificate of non‐ appearance is not the same as a deposition. The court notes that there were instances that discovery was paused during settlement negotiations. The motion is granted. However, as there was an objection to the new deposition notice, the court ...

Excerpt: ...ndant Ronald H. Marshall's Motion for Judgment on the Pleadings is DENIED. Introduction Defendant Arthur Page (Page) and Defendant Arthur Page Company LLC (APC) (collectively, Page Defendants) demurred to Plaintiffs Cienega Spa, Inc. (CS) and Rose's Garden Bar LLC's (RGB) (collectively, Plaintiffs) First Amended Complaint (FAC). Page Defendants' demurrer placed into issue Plaintiffs' third cause of action (COA) for intentional misrepresentation a...

Excerpt: ...ction Defendants and Cross-Complainants Vehanoosh Grigorian and Zaven Grigorian (collectively, Grigorian) move for attorneys' fees in the amount of $1,030,020.73 against Plaintiffs and Cross-Defendants Robert Ter-Oganesyan and Meghedy Bandary (collectively, Ter- Oganesyan.) Discussion Grigorian argued that they are entitled to attorneys' fees as prevailing parties under the third cause of action (COA) for slander of title alleged in their First A...

Excerpt: ...ashjian (Plaintiff) moved for leave to amend the First Amended Complaint (FAC) filed against Defendants Steve Kessedjian, individually and as Trustee of The 4847 La Montana Circle, Tarzana CA 91356 Family Trust et al. (Defendants.) Procedure Defendants argued that the Motion was untimely filed and served. The Motion was filed and served on December 21, 2022, via electronic service. Proper notice required 16 court days plus two days for electronic...

Excerpt: ... filed within 20 days. The court strikes the First Amended Complaint. When a demurrer is pending and there has been no prior amended complaint, an amended complaint may be made no later than the due date for the opposition to the demurrer unless by stipulation and order or court order. Nine court days prior to 1/9/2023 was 12/23/2022. The FAC was filed 12/27/2022, which is late. 1. Introduction Defendants Rincon Taurino Restaurant, Inc. and Adolf...

Excerpt: ...LC (“Defendant”) demurs against the Complaint filed by Plaintiffs Cary Singleton and Rebecca Olejniczak (“Plaintiffs”). The demurrer places into issue the second cause of action (“COA”) for invasion of privacy and third COA for declaratory relief. Defendant argues the demurrer should be sustained on the ground that these COAs fail to state facts sufficient to constitute a cause of action. Defendant also moves to strike paragraphs 32, ...

Excerpt: ...ary adjudication are MOOT. Defendant California Automobile Insurance Company's Request for Judicial Notice is GRANTED but not as to any hearsay or any facts in dispute. Plaintiffs Gregory and Janice Love's Request for Judicial Notice is DENIED. Introduction Defendant/Doe 1 California Automobile Insurance Company (Defendant) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiffs Janice and Gregory Love...

Excerpt: ...y disobeying the court order of 7/29/2022 ordering you to "provide the information on the last ten checks you gave to judgment debtor SAYEH KHOEI (“Debtor”) to pay her for services provided to Ghermezian's firm, RAYMOND GHERMEZIAN, APC (“Firm”), to include information as to which banking institution Debtor is cashing the checks, the account numbers that Debtor is depositing such checks into and the amounts of such checks within the past 9...

Excerpt: ...tomotive, Inc. (Defendant) demurred to Plaintiff Martha Michel- Aquino and Pedro Aquino (Plaintiffs) Complaint. Defendant placed into issue the only cause of action (COA) alleged against it, the fourth COA for negligent repair. Discussion Defendant argued that the negligence COA is barred by the Economic Loss Rule. “Simply stated, the economic loss rule provides: ‘[W]here a purchaser's expectations in a sale are frustrated because the product...

Excerpt: ...Notice is GRANTED but not as to any hearsay or facts in dispute. Defendants are ordered to file an Answer within 20 days. Introduction Defendants Bernard and Patricia Stark (collectively, Defendants) demurred[1] to Plaintiff Sarah Jellison's (Plaintiff) Complaint. The Demurrer placed into issue the first three causes of action for invasion of privacy, trespass, and intentional infliction of emotional distress. Defendants concurrently moved to str...

Excerpt: ...Park LLP's Request for Sanctions is DENIED. Introduction Defendants Robabeh Afsari and Nasrin Sayyad (collectively, Defendants) specially moved to strike per Code of Civil Procedure section 425.16 (Anti-SLAPP Motion) Plaintiff Alexander Everest's (Plaintiff) Complaint. Due to the voluntary dismissal of the action, the primary issue considered as to Defendants' Anti-SLAPP Motion is the request for attorney fees against Plaintiff under Code of Civi...

Excerpt: ...rld Life Insurance Company's Motion for Summary Judgment/Motion for Summary Adjudication as to Issue 1 against the first, second, fourth, fifth, and sixth causes of action; as to Issue 2 against the first, second, fourth, fifth, and sixth causes of action; as to Issue 3 thru 7 are DENIED. Defendants Farmers Group, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, and Farmers New Wo...

Excerpt: ... Chaminda De Silva, and Praeventus Solutions, Inc.'s Motion to Modify is GRANTED only as to Subpoena Request nos. 1 & 2. Subpoena Request nos. 1 & 2 is ordered to be limited to “monthly statements” reflecting receipts, withdrawals or “inter-bank transfers” to Plaintiff. The motion to modify is DENIED as to Subpoena Request nos. 4-6. Defendants G&S Import-Export, Inc., Chaminda De Silva, and Praeventus Solutions, Inc.'s Motion for Protecti...

Excerpt: ...d new causes of action. Introduction Defendant Fab4, LLC (Defendant) demurred to Plaintiff Max Gamble's (Plaintiff) Complaint. Defendant placed into issue all three causes of action (COA) alleged in the Complaint. Plaintiff has not filed an opposition. Discussion Defendant argued that each of the three COAs insufficiently pleads facts to support the claims. As to the first COA for violation of the Unfair Competition Law (UCL,) Defendant argued la...

Excerpt: ...) and Dr. Reshad DDS Inc. dba ArtLab Dentistry's (ArtLab) (collectively, Defendants) demurred to Plaintiff Christine Forrester, D.D.S.'s (Plaintiff) First Amended Complaint (FAC.) Defendants placed into issue the second cause of action (COA) for intentional misrepresentation, third COA for negligent misrepresentation, and fourth COA for concealment (collectively, Fraud Claims.) The Opposition was due November 7, 2022, and Plaintiff, in pro per, d...

Excerpt: ... must designate a corporate representative, if one is desired to sit at trial, who is not going to testify. MIL 4: Re limiting experts to opinions stated at deposition. The court queries whether experts can render opinions on matters learned after their depositions, or on hypotheticals based on courtroom testimony. The court will discuss with counsel. MIL 5: Re precluding reference to textbooks or treatises on direct exam. MIL 6: Re to prevent pl...

Excerpt: ...fendant Axos Bank (Defendant.) Discussion Plaintiff requested leave to file a First Amended Complaint (FAC) which alleges ten new causes of action (COA.) Plaintiff alleged both contract and tort claims based upon Defendant's alleged failure to properly apply Plaintiff's loan payments. Within the ten new COAs, Plaintiff alleged two COAs for “loss of rental property income” and “negligence/premises liability” (i.e., the third and fourth COA...

Excerpt: ...mended Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendant Ali Sepehr's Demurrer to the Third Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr's Motion to Strike Portions of the Third Amended Cross- Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendants Aliasghar Khatibi, Ebra...

Excerpt: ...udicial Notice is GRANTED as to Exhibits 10-12's existence but not as to any hearsay or triable issues of fact. Objections made in the Separate Statements are overruled. 1. INTRODUCTION Defendant Equinox Holdings, Inc. (Defendant) moved for summary judgment (MSJ) or alternatively summary adjudication (MSA) against Plaintiff Jane Doe's (Plaintiff) Complaint. Defendant's MSA identified issues as to Plaintiff's second cause of action (COA) for negli...

Excerpt: ...David Darwish, and 1132 Hyperion Ave. Trust's Third Amended Complaint is the second cause of action for breach of contract alleged against Defendants Jack Vaughn, Esmeralda Hernandez, and Wayne Hart. Defendants Carlos Rodriguez and Ernest Johnson's Motion for Summary Judgment and Motion for Summary Adjudication are MOOT because the Court's July 28, 2022 Order disposed of the entire action against them. Defendants Jack Vaughn, Esmeralda Hernandez,...

Excerpt: ...ut only as to the existence of the documents and not as to any hearsay or facts in dispute. Respondent TSI Investment Group, Inc.'s Request for Judicial Notice is DENIED. Introduction Petitioner Carepatrol Franchise Systems LLC (Petitioner) moved for an award of attorneys' fees from Respondent TSI Investment Group, Inc. (Respondent.) Petitioner is requesting $20,885.00. Procedure Respondent made a request for judicial notice within the body of th...

Excerpt: ...ants Westlake Nail Bar and CH Realty/North Ranch, L.P.'s Request for Judicial Notice is GRANTED as to the pleadings' existence and not as to any facts in dispute or hearsay. Introduction Defendants/Cross-Complainants Westlake Nail Bar (Nail Bar) and CH Realty/North Ranch, L.P. (CH Realty) (collectively Defendants) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiffs Jesus Fabiola Moreno Lopez; Evely...

Excerpt: ...Home for the Aging (Defendant) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiff Dorothy Kaplan's (Plaintiff) First Amended Complaint (FAC.) Defendant's MSA Issues are against the first cause of action (COA) for elder abuse and the request for punitive damages. The Reply was due October 20, 2022. Procedure As to Defendant's MSJ, Defendant must show that no triable issue of material fact exists as ...

Excerpt: ...m Khatibi's Motion to Strike Portions of the Third Amended Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr's Demurrer to the Third Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr 's Motion to Strike Portions of the Third Amended Cross- Complaint is GRANTED WITHOUT LEAVE TO AMEND. Cross-Defendants Aliasghar Khatibi, Ebrahim Khatibi, and Ali Sepehr are ordered to file an Answer w...

Excerpt: ...AH & SHEM-TOV, INC. 15303 Ventura Blvd., 9th Floor Sherman Oaks, CA 91436. Discussion: The court denied with motion by this party to quash the subpoena served on it. Since that time, Comforting Home Hospice Inc. has failed to comply with the subpoena. Therefore, the court orders it, by 11/1/2022 to serve with a verification all documents set forth below on counsel for Judgment Creditor: DEFINTIONS: A. the term "DOCUMENT(S)" shall have the broades...

Excerpt: ... pending arbitration. Case Management Conference is set for 10/17/2023 at 8:30 a.m. Appearance by both sides is REQUIRED unless judgment has been entered or the case dismissed. Defendants Lets Restyle Ca, Inc., and IBeauty Brands, Inc.'s request for interim attorneys' fees is DENIED WITHOUT PREJUDICE. Introduction Defendants Lets Restyle Ca, Inc., and IBeauty Brands, Inc.'s (collectively Defendants) moved to compel arbitration and requested $10,1...

Excerpt: ...ract or by statute. The settlement agreement in this case constitutes a contract. After a motion to enforce the settlement, the terms of the settlement agreement became a judgment. The judgment states as follows: “GPP shall pay reasonable attorneys' fees, costs, and expenses associated with the prosecution of the ACTION to the TRUONGS counsel, Kemnitzer Barron & Krieg LLP. Following the Court's entry of the INJUNCTION, and after payment has bee...

Excerpt: ... Answer within 20 days. Introduction Defendant Dorothy Schwartz, as Trustee (Defendant,) demurs to Plaintiff Earl M. Appleby's, as Trustee (Plaintiff) Complaint. Defendant's Demurrer places into issue the third cause of action (COA) for Civil Code section 1102 et seq. violation, the fourth COA for failure to disclose; and the fifth COA for fraud. Discussion Defendant, as the seller of Plaintiff's property, asserted that she satisfied her duty to ...

Excerpt: ...MS”), is believed to be solely owned and operated by Judgment Debtor, Alexander Everest. This is based on documents received pursuant to a subpoena issued to Stewart Title of California and Umpqua Bank. (Decl. Shem-Tov, ¶¶ 3-4.) The documents received from Stewart Title of California concern the same transaction as the documents sought from the escrow company here. On July 31, 2018, the Property was purchased by Judgment Debtor, and, on his r...

Excerpt: ...ns must be accompanied by a separate document setting forth the particular discovery requests at issue, the responses thereto, and the reasons why such sanctions should be imposed. (Cal. Rules of Court, rule 3.1345(a)(7).) Plaintiff's alternative request for issue sanctions failed to include a separate statement. Because of Plaintiff's failure to submit a separate statement, there is grounds to deny the alternative request for issue sanctions. Di...

Excerpt: ...AINED WITH 20 DAYS LEAVE TO AMEND as to the third, fourth causes of action. Defendant Arthur Page and Defendant Arthur Page Company LLC's Demurrer to the entirety of Rose's Garden Bar LLC's Complaint is OVERRULED. Defendant Arthur Page and Defendant Arthur Page Company LLC's Motion to Strike Portions of the Complaint is DENIED as to Complaint paragraphs 101-104, punitive damages under the second and fifth causes of action, and attorney's fees; MO...

Excerpt: ...as to the third cause of action; and OVERRULED as to the fifth cause of action. Introduction Defendant Shellpoint Mortgage Servicing (Defendant) demurs to Plaintiff Robert Allen's (Plaintiff) First Amended Complaint (FAC.) Defendant demurs to the first cause of action (COA) for Civil Code section 2923.6 violation, the second COA for Civil Code section 2924.10 violation, the third COA for negligence, the fourth COA for Business and Professions Cod...

Excerpt: ...re section 998 offer costs. Defendant requests $5,887.72. Plaintiffs Rashyn Reynolds et al. have not filed an Opposition which was due on August 24, 2022. Discussion The trial court may require a plaintiff, who does not accept a valid pretrial offer to compromise and then fails to obtain a more favorable judgment, to pay a defendant's reasonable post offer expert witness costs. (Code Civ. Proc. sec. 998; Auburn Woods I Homeowners Association v. S...

Excerpt: ...nt, LLC's alternative Motion for Summary Adjudication is GRANTED in Part and DENIED in Part. The motion is GRANTED as to Issues 1, 2, 3, 4, and 5; and DENIED as to Issues 6 and 7. Defendant William Morris Endeavor Entertainment, LLC's Request for Judicial Notice is GRANTED only as to the existence of the two documents and not any facts in dispute or hearsay. INTRODUCTION Defendant William Morris Endeavor Entertainment, LLC (WME) moves for summary...

Excerpt: ... Defendant Tha Lights Global's alternative Motion for Summary Adjudication is GRANTED in Part and DENIED in Part. The motion is GRANTED as to Issues 1 and 11; and DENIED as to Issues 2 ‐ 10. Defendant Herbert Battle's Motion for Summary Judgment is DENIED. Defendant Herbert Battle's alternative Motion for Summary Adjudication is GRANTED in Part and DENIED in Part. The motion is GRANTED as to Issue 1 and 11; and DENIED as to Issues 2 – 10. Int...

Excerpt: ...ies is GRANTED in Part and DENIED in Part. The Motion is GRANTED as to Form Interrogatory 17.1 & Request for Admissions 4-6, 11‐14, 18‐21 and 23‐ 25 and otherwise DENIED. Plaintiff Upside Health, Inc.'s Motion to Compel Further Responses to Special Interrogatories is GRANTED in Part and DENIED in Part. The Motion is GRANTED as to Special Interrogatory 16, 17, 24, 25, 34‐36, 43‐46 and otherwise DENIED. Plaintiff Upside Health, Inc.'s Mot...

Excerpt: ...erefore, responding party should have answered 50.1(b), (c), (d), (e), and (f). Responding party indicates that there were oral agreements. As to 50.1(b) responding party has not identified the dates of the agreements. Otherwise, the supplemental responses are satisfactory. Responding party is to provide a supplemental response to 50.1(b) as to dates of the agreements. 50.2 This interrogatory asks if there was a breach of any agreement in the ple...

Excerpt: ...t and DENIED in Part. The request is GRANTED as to the original Complaint's Exhibit A but not as to any hearsay or facts in dispute; and DENIED as to Exhibits 1 & 2. Plaintiff Stone LLP's Evidentiary Objections against the Declaration of John Nagle are ruled upon separately. Introduction Defendants Patricia and Edward Strucke (collectively “Defendants”) demur to Plaintiff Stone LLP's (Plaintiff) First Amended Complaint (FAC.) The demurrer pla...

Excerpt: ...tor Holdings, LLC dba Vertical Companies' Motion to Strike is GRANTED in Part and DENIED in Part. The motion is GRANTED WITHOUT LEAVE TO AMEND as to the Penal Code citations and DENIED as to punitive/exemplary damages. Defendants to answer within 20 days. Introduction Defendants NCAP2, LLC; Todd Kaplan; Smoke Wallin; NCA Management Co., LLC; and Medical Investor Holdings, LLC dba Vertical Companies (collectively “Defendants”) demur to Plainti...

Excerpt: ...te order ruling on these objections. Objections by Hart filed 8/12/2022 to Decl. of Williams - there is a separate order ruling on these objections. Objections by Jackson filed 8/12/2022 to Decl. of Sabbag - there is a separate order ruling on these objections. Objections by Hart filed 8/12/2022 to plaintiff's RJN - there is a separate order ruling on these objections. Objection by Jackson filed 8/12/2022 to Opposition - Denied/Overruled. The cou...

Excerpt: ...oss-Defendant Hakop Jack Erzrumyan's Motion for Summary Judgment against Cross-Complainant Allen Hershberg and Generation TS FBO Allen Hershberg IRA 2750's First Amended Cross-Complaint is DENIED. Cross-Defendant Hakop Jack Erzrumyan's Motion for Summary Adjudication against Cross-Complainant Allen Hershberg and Generation TS FBO Allen Hershberg IRA 2750's First Amended Cross-Complaint is GRANTED in Part and DENIED in Part. The Motion is GRANTED ...

Excerpt: ... be issued by the court or by an attorney. The subpoenas are ineffective. Ms. Weischadle designated herself as the deposition officer which is prohibited by CCP section 2020.420. Finally, the subpoenas are required to be served in person. These were served by email. Ms. Weischadle was asked to withdraw the subpoenas to avoid the expense involved in the defense having to seek a motion to quash but she refused to do so. Even if the one day deadline...

Excerpt: ...days. Introduction Defendant Shahrokh Mokhtarzadeh, a PLC (Defendant) demurs to Plaintiff Veritext LLC's (Plaintiff) Complaint. Defendant's demurrer places into issue all three causes of action (COA): breach of contract, breach of contract and common counts. Plaintiff has not filed an opposition and presumed to be conceding to the Demurrer. Discussion Defendant argues that the three COAs fail to allege sufficient facts and are all barred by the s...

Excerpt: ...O AMEND. Defendants Karim Chamie and Cynthia Chamie's Motion to Strike Portions of the First Amended Complaint is DENIED. Defendants to answer within 20 days. Defendants Karim Chamie and Cynthia Chamie's Request for Judicial Notice is GRANTED but not as to any hearsay or facts in dispute. OTHER ORDERS: CMC is continued to 11/8/2022 at 8:30 a.m. in Dept. T. Meet and confer per CRC 3.724 and 3.727 is REQUIRED prior to the CMC. Counsel are ordered t...

Excerpt: ...se ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code Civ. Proc., § 1005(b).) “[I]f notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California . . . .” (Id.) CCP section 1010.6 provides that “[a...

Excerpt: ...ed the present action by filing a “Verified Complaint for Breach of Contract (Continuing Guarantee)” against Bruce Gray (“Defendant”) and Does 1 through 50. Plaintiff's Complaint alleges a single cause of action for “Breach of Contract” against Defendant. Plaintiff's operative Complaint alleges, on approximately June 21, 2016, Plaintiff entered into a Promissory Note with non-party NSHE CA Bulls, LLC (“None-Party NSHE”). (Compl., ...

Excerpt: ...ed in Defendant/Cross-Complainant FaceCake Marketing Technologies, Inc.'s (“FaceCake”) cross-complaint pursuant to CCP § 425.16. FaceCake's cross-complaint asserts causes of action for (1) abuse of process – wrongful attachment and (2) fraud – intentional misrepresentation. 2. Request for Judicial Notice Hagen requests judicial notice of the webpages retrieved from FaceCake's website pursuant to CCP § 452(h). The Court finds webpages fr...

Excerpt: ...fendants' Objections are all SUSTAINED on grounds of hearsay, lack of foundation and lack of personal knowledge. 1. INTRODUCTION Defendants Jack Vaughn, Esmeralda Hernandez, Wayne Hart, Carlos Rodriguez, and Ernest Johnson (“Defendants”) move for summary judgment (MSJ) or alternatively summary adjudication (MSA) against the Third Amended Complaint (“TAC”). The issues presented in the summary adjudication motion are as to the first cause o...

Excerpt: ...e request of plaintiff, of the Grant Deed 03 2769799 on the property located at 7039 Andasol Ave., Van Nuys CA 91406. DISCUSSION: The MJOP states that the complaint, on its face, fails to state sufficient facts to constitute any cause of action against defendant and then goes on to cite the entirety of the MJOP statute, CCP sec. 438. However, the grounds for the MJOP are later stated to be as follows: "The Marital Settlement Agreement referenced ...

Excerpt: ...ed and the court awards costs in the sum of $5,893.58 in favor of plaintiff and against all defendants, jointly and severally. DISCUSSION: Attorneys' fees are properly awarded pursuant to Civil Code section 1717(a), which provides: "In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing par...

Excerpt: ...the plaintiff's interest in the litigation. 120 days from the date of hearing is 11/10/2022. July trial is set 11/7/2022 at 9:30 a.m. Jury fees or a signed order for waived jury fees is due no later than 30 days before trial. Final Status Conference is set 10/28/2022 at 8:30 a.m. Parties are to file a joint exhibit list, joint witness list, joint statement of the case, separate proposed verdict form, joint proposed jury instructions fully edited,...

Excerpt: ...AINED WITHOUT LEAVE TO AMEND as to fourth and eleventh causes of action; and OVERRULED as to the second, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth causes of action, and the Statute of Limitations argument. Cross‐Defendant Aliasghar Khatibi's Motion to Strike Portions of the Second Amended Cross‐ Complaint is MOOT as to punitive damages under the first cause of action; GRANTED WITH 20 DAYS LEAVE TO AME...

Excerpt: ...discovery under CCP section 2017.220. Defendant failed to do so. The motion and the reply papers fail to address the CCP section 2017.220 issues, despite being raised in the opposition. Even if the court were to treat this motion as a CCP section 2017.220 motion, which is not referenced in any respect in the notice of motion or in the points and authorities in support or in the reply, the requirements of CCP section 2017.220(a) are not met for re...

Excerpt: ...12/10/2022 hearing. The court will require written orders stating specifically what is being granted and being denied. Plaintiffs to provide orders on their motions and defendant to provide orders on its motions which must state with specificity what is being ordered (i.e., cannot say "Motion in Limine No. 6 is granted.") The order must spell out exactly what the court is allowing or not allowing. The language must be specific enough to enforce. ...

Excerpt: ...alisha Porter (Plaintiff) moves for summary judgment (MSJ) and alternatively moves for summary adjudication (MSA) on the grounds that Defendant Pharmavite, LLC (Defendant) “presented no genuine affirmative actions [sic] to Plaintiffs claim.” (Notice to MSJ/MSA pg. 2:9.) Procedure Defendant asserts that the MSJ/MSA is untimely in violation of the rule requiring MSJ/MSA's to be heard 30 days prior to the trial date. (Code Civ. Proc. sec. 437c(a...

Excerpt: ... is DENIED. Introduction On May 31, 2022, Plaintiff Arvis Ash (Plaintiff) filed a brief titled “Response to the Denial Judgment to Vacate Settlement Agreement and Request for a New Trail [sic] based on Evidence Never Argued or Revealed at the Trail [sic] Hearing on March 21, 2022.” Defendant Grace Greens #1 Homeowners Association (HOA), Defendant S.B.S. Lien Services dba Valley Financial (SBS) and Robert Devough (Devough) (collectively Defend...

Excerpt: ...o the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the fourth cause of action; OVERRULED as to the fifth, sixth and seventh causes of action. Defendants' Lilach Basson, Compass California, Inc., and Kathy Mehringer's Motion to Strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to punitive damages requested under the first and third causes of action specifically as to Compass California, Inc. and as to attorneys' fees under the seventh c...

Excerpt: ...ant Babak Arab's Motion to Strike against the Complaint is MOOT as to punitive damages and GRANTED WITHOUT LEAVE TO AMEND as to attorneys' fees. Defendant Kavry Management, LLC's Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the first and second causes of action and OVERRULED as to the third and fourth causes of action. Defendant Kavry Management, LLC's Motion to Strike against the Complaint is MOOT as to punitive damag...

Excerpt: ...nt Mission Imports dba Mercedes Benz of Laguna Niguel is not a moving party on the motion. The court notes that defendant Mission Imports performed repairs on the vehicle and is not the dealer (seller of the car). The dealer is Porsche Woodland Hills and it is not a party to this action. Discussion Defendant, a non-party to the Retail Installment Sale Contract (RISC), seeks to compel arbitration of the claims alleged in the Complaint based upon t...

Excerpt: ...L, and OVERRULED as to all other arguments. Leave to amend is not granted to add new causes of action but limited ONLY to curing the pleading defects identified below. Introduction Defendants Daniel Francke, individually and dba Beneviste & Francke Insurance Services, and Thomas Francke, individually and dba Beneviste & Francke Insurance Services (collectively Defendants,) demur to Plaintiff Elysee Beauty, Inc.'s (Plaintiff) First Amended Complai...