Excerpt: ...kka's (Plaintiff) First Amended Complaint (FAC). The motion placed into issue the first cause of action (COA) for premises liability, and the fourth COA for negligence. Procedure Plaintiff argued that Defendant failed to meet and confer prior to the motion being filed. However, the contention is conclusory and Plaintiff's Counsel failed to present any admissible evidence, let alone a declaration attesting to the lack of a meet and confer. However...

Excerpt: ...f action (COA) for negligence and the request for exemplary damages. The motion to strike moved against the request for exemplary damages. Procedure Despite Defendant's Notice to the Demurrer stating that the demurrer placed into issue the second COA for negligence (See Notice, pg. 1:25,) Defendant's Points and Authorities did not cite to any alleged facts or legal authority, nor did Defendant present any application of law to the alleged facts, ...

Excerpt: ...erms. Here, there is no trial date set in this case. There is no prejudice to defendants in having a jury trial but there would be great prejudice to plaintiffs. The court believes that in the absence of a statement filed with the court in which the plaintiff has clearly indicated a waiver of jury trial, the court should grant one. No such jury waiver was filed, and fees were deposited over 3 months ago. The demand for jury was clearly stated in ...

Excerpt: ...ns filed by various Plaintiffs in the following actions: 19STCV41653, 20STCV39458, 20STCV37023, and 20STCV17386. The proposed Cross-Complaints are alleged against Defendants Transit Systems Unlimited, Inc. (TSUI) and Ofelia Sandoval Rodriguez (Rodriguez) (collectively, Transit Systems.) Discussion Coachways' legal authority for the motion is Code of Civil Procedure sections 426.50, 428.50(c), and 428.10(b)(2). If the proposed cross-complaint is c...

Excerpt: ...d to Plaintiffs Myriam Gisela Flores, Jacob Santiago Danel, Madeline Gyssell Villagrana, and Myridean Ruth Flores, by and through her guardian ad litem, Myriam Gisela Flores' (collectively, Plaintiffs) Complaint. Defendant's demurrer placed into issue all ten causes of action (COA) alleged in the Complaint: negligent maintenance of premises, nuisance, breach of warranty of habitability, breach of covenant of quiet enjoyment, negligent violations ...

Excerpt: ...RNIA PERMANENTE MEDICAL 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. (collecti...

Excerpt: ... Court Apartments, Statewide Management, Inc., Mireya Arellano, Karla Galo, and Iris Abrham (collectively, Defendants) demurred to Plaintiffs Jacob White; Elisa Medina; Xavier Cisneros, a minor; Jacob White, Jr., a minor; and Jaxson White's, a minor, First Amended Complaint (FAC). The demurrer placed into issue the first cause of action (COA) for battery, the eleventh COA for breach of contract, and the thirteenth COA for public nuisance. Discuss...

Excerpt: ...Complaint is GRANTED but not as to facts in dispute or hearsay. Introduction Defendants Hyundai Motor America (HMA) and Keyes Hyundai of Van Nuys (Keyes) (collectively, Defendants) moved to compel arbitration and stay Plaintiff Liel Levi's (Plaintiff) action. Procedure Defendants objected to the untimely filing of the Reply. The Reply was due on December 6, 2023 and was electronically filed/served a day late. Despite Defendants' contention otherw...

Excerpt: ...ial Council Form CIV-100 for mandatory use) is served and filed. A review of the file indicates that neither LLHOA nor Lordon filed a Request for Entry of Default on their cross-complaints. Oddly enough, counsel for LLHOA has no explanation why there was a cross-complaint filed 9/26/2018 on behalf of LLHOA and Lordon against GPL by Resnick & Louis PC, and then, without a substitution of attorneys, another cross-complaint filed on 10/1/2028 on beh...

Excerpt: ... for negligent misrepresentation, the fourth COA for intentional misrepresentation, and the fifth COA for conspiracy to defraud. Discussion Defendant argued that the first COA for breach of contract failed to allege the existence of a contract due to conflicting factual allegations made in the fraud claims. This issue was raised previously at the demurrer to the First Amended Complaint (FAC). Despite Defendant's argument otherwise, the uncertaint...

Excerpt: ...t issued 19 page order granting the terminating sanctions. Since the order granting terminating sanctions, plaintiff did not file anything until 10/18/2023. A motion for reconsideration must be made within 10 days after service of the notice of entry of the order or ruling to be reconsidered. CCP § 1008(a). CCP section 1008(c allows a later reconsideration if there has been a change in the law. Neither provides the relief sought by plaintiff. Th...

Excerpt: ...add new causes of action. Defendants Quanta Finance, LLC and 1 Sharpe Opportunity Intermediate Trust's Request for Judicial Notice is GRANTED but not as to hearsay or facts in dispute. Introduction Defendants Quanta Finance, LLC (QFLLC) and 1 Sharpe Opportunity Intermediate Trust (1SOIT) (collectively Defendants) demurred to Plaintiffs Neelam Bhamani (Neelam ), Hussain Bhamani (Hussain), and EMS Solutions, LLC (EMS) (collectively Plaintiffs) Firs...

Excerpt: ...FFS' MOTIONS IN LIMINE 1. Grant. there shall be no comment, reference, suggestion, innuendo, etc., to the status of (former) defendant Tarzana Medical Center, LLC, dba Providence Cedars-Sinai Tarzana Medical Center as a party in this action during trial. 2. Grant. there shall be no apportionment of fault (civil code 1431) in the absence of the evidentiary predicate that defendant Tarzana Medical Center, LLC, dba Providence Cedars-Sinai Tarzana Me...

Excerpt: ...ly, Cross-Complainants) moved for leave to file a Proposed Fourth Amended Cross-Complaint (P4AXC). Cross-Defendants Ebrahim Khatibi, Aliasghar Khatibi, Ali Sepehr, and AEK Global Investments, LLC filed their opposition and a notice of errata on November 21, 2023. Cross-Defendants Shabnam Akhoundzadeh and Karen Dr. LLC filed their separate opposition on November 21, 2023. Cross-Defendants Ebrahim Khatibi, Aliasghar Khatibi, Ali Sepehr, and AEK Glo...

Excerpt: ...tion (COA) for collection of rent on substandard dwelling in violation of L.A.M.C. sec. 12.00 et seq., the second COA for breach of the implied warranty of habitability, the third COA for negligence, the fourth COA for breach of the implied covenant of quiet enjoyment, the fifth COA for violation Civil Code sec. 1940.2, the sixth COA for violation of Civil Code sec. 1954(a)(2), the seventh COA for trespass, the eighth COA for nuisance, and the ni...

Excerpt: ...ruction Group, Inc.'s Demurrer to the Complaint is OVERRULED. Defendant KAIO Construction Group, Inc.'s Request for Judicial Notice is GRANTED but not as to facts in dispute or hearsay. Introduction Defendant KAIO Construction Group, Inc. (Defendant) demurred to Plaintiff ADR Inc.'s (Plaintiff) Complaint. Defendant's demurrer placed the Complaint's only cause of action (COA) for breach of contract into issue. Discussion Defendant argued that Plai...

Excerpt: ...ra Calderas Gomez's (collectively, Plaintiffs) First Amended Complaint (FAC). Defendant placed into issue the second cause of action (COA) for “breach of the implied warranty of habitability.” Defendant was the alleged owner of the property between 2008 to 2021. (FAC par. 6.) Discussion Defendant argued that the second COA for violation of Civil Code section 1942.4 failed to allege sufficient facts and is uncertain. Defendant argued that Plai...

Excerpt: ...ay give notice of ruling. Any notices of ruling in violation of this order will be stricken by the court without further notice. PROTECTIVE ORDER: To the extent that any discovery 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 failure to t...

Excerpt: ... Solutions, LLC is CONTINUED for supplemental briefing and evidence. Arguments in the supplemental briefs as to the amount of the undertaking are limited to 10 pages including declarations. The briefing schedule is as follows: Continued hearing is scheduled for ________, 2023 at 8:30 a.m., papers in support of an undertaking to be filed and served by defendants by _________, opposition to be filed and served by plaintiff by ___________, and reply...

Excerpt: ...se mental examination (which includes testing) of plaintiff Jane DOE by Adrienne Meier, Ph.D. to go forward at 130 S. Euclid Avenue, Pasadena, CA 91101, on ___________, at 10:00 AM. For purpose of this order, "defense mental examination" means defense mental examination, interview, and testing. 1. Dr. Meier may conduct the defense mental examination of Plaintiff, which total examination (from start to finish and including any written testing) may...

Excerpt: ...eet and confer requirement does not apply to unlawful detainer actions, which this action is. (Code Civ. Proc., sec. 430.41(d).) Plaintiff's meet and confer argument is unmerited. Plaintiff argued that the body of the Notice to the demurrer failed to identify a date of the hearing. (Cal. Rules of Court, rule 3.1320(c).) Although Defendant's Notice to the demurrer is in violation of the Court Rules, the violation is not prejudicial to Plaintiff si...

Excerpt: ...o issue the first cause of action (COA) for breach of contract; the second COA for breach of implied warranty of merchantability; the third COA for breach of express warranty; the fourth COA for negligence; the seventh COA for recovery on bond; and the eighth COA for declaratory relief. Discussion Defendant, as the surety of a bond issued to Co-Defendant Milgard Manufacturing, LLC (Milgard), argued that it is discharged from liability because Pla...

Excerpt: ...WITHOUT LEAVE TO AMEND. Defendant State Farm General Insurance Company's Motion to Strike is DENIED. Defendant State Farm General Insurance Company is ORDERED to file an Answer to the Complaint within 20 days. Introduction Defendant State Farm General Insurance Company (Defendant) demurred to Plaintiffs Farideh and Behzad Lalehzari's (Plaintiffs) Complaint. Defendant's demurrer placed into issue the second cause of action (COA) for breach of the ...

Excerpt: ...ant's demurrer placed into issue the first cause of action (COA) for breach of contract, second COA for specific performance, third COA for unfair business practice (UCL), and the fourth COA for unjust enrichment. The fifth COA for intentional interference of prospective economic advantage is not placed into issue because it is noted that the COA is not alleged against Defendant. Discussion As to the first and second COAs based upon an alleged co...

Excerpt: ...equest to dismiss or stay the non-individual PAGA claims is DENIED. Defendants Apartment Management Consultants, LLC and Sandra McMurray's Request for Judicial Notice is GRANTED but not as to any hearsay or facts in dispute. Plaintiff Turquoise Martin's Request for Judicial Notice is GRANTED but only as to the existence of Exhibits A-D and not as to any hearsay or facts in dispute; and GRANTED as to Exhibit E. Introduction Defendants Apartment Ma...