Excerpt: ...s in dispute or hearsay. Specially Appearing Fridman Group's argument is not considered. Introduction Defendant Isidora Fridman (Fridman) and the Fridman Group (Fridman Group) (collectively Defendants) demurs to Plaintiff Commission Funding Solutions, LLC's (Plaintiff) Complaint. Discussion Defendants argue that Plaintiff lacks standing and/or is not the real party in interest because the contracts at issue were entered by “Commission Funding S...

Excerpt: ...ly is DENIED. Respondent's Objections filed 5/27/2022 are OVERRULED. INTRODUCTION Petitioner Carepatrol Franchise Systems (Petitioner) moves to confirm the arbitration award against Respondent TSI Investment Group, Inc. (Respondent.) The arbitration award was served on January 25, 2022. The arbitrator held the appraisal amount to be $390,000.00 and awarded Petitioner $320,985.00 in attorney's fees and costs plus $10,912.50 in arbitration fees. Th...

Excerpt: ...e of the documents but not as to any facts in dispute or hearsay. Introduction Judgment Creditor/Assignee Arturo Rubinstein (Rubinstein) moves to amend the judgment against Judgement Debtor/Defendant Yoram Yehuda (Yoram [1] ) to add nonparty Sharona Yehuda (Sharona [2] ), as Trustee of the Keshet Inter Vivos Trust (Keshet) as an additional judgment debtor on the grounds of alter ego liability. Rubinstein was assigned the judgment from the origina...

Excerpt: ...1/19's Request for Judicial Notice is GRANTED as to the exhibit's existence but not as any facts in dispute or hearsay. Introduction Plaintiff Robin Kim, Trustee of the Alpha 8134 Trust Dated 10/21/19 (Plaintiff,) renews a prior Motion for Summary Judgment against Defendants Crystal Santos-Copage (Mrs. Santos- Copage) and Evan Copage (Mr. Copage) (collectively Defendants.) Defendants have not filed an opposition. Discussion Plaintiff asserts that...

Excerpt: ...ndant Randall Awad's Demurrer to the Complaint is OVERRULED. Defendant Randall Awad's Motion to Strike is GRANTED in Part and DENIED in Part. The motion is DENIED as to punitive damages. The motion is GRANTED WITH 5 DAYS LEAVE TO AMEND to correct the "typo" as to “Defendant Emperor.” Plaintiff Joe Releford, Jr. is ordered to file an “Amendment to the Complaint” correcting the two references to a “Defendant EMPEROR” within 25 days. Pla...

Excerpt: ...stayed pending arbitration. Arbitration Review Status Conference set for ______________, 2023 at 8:30 a.m. in Dept. T. Mandatory appearance unless judgment has been entered or the case dismissed. 1. INTRODUCTION Defendant Mercedes-Benz USA, LLC moves to compel arbitration [1] and stay all proceedings as to Plaintiff Debora Engel's (Plaintiff) Complaint. 2. DISCUSSION Defendant, a non-party to the Retail Installment Sale Contract (RISC), seeks to ...

Excerpt: ...unction and OSC re: Preliminary Injunction is DENIED. Plaintiff Arvis Ash's Motion for New Trial is DENIED. 1. INTRODUCTION Plaintiff Arvis Ash (Ash or Plaintiff) and a “Miguel Thomas” (not a party to the First Amended Complaint (FAC) (filed on April 2, 2019) or the Cross-Complaint) move for a temporary restraining order (TRO) and OSC re: preliminary injunction (PI) to enjoin Housing Assistance Services ("HAS" and not a party to the action) f...

Excerpt: ... Action; and OVERRULED as to the Fourth, Fifth, and Ninth Causes of Action. Leave to amend is restricted to curing the identified defects and not to add new causes of action. Defendant OLS Hotels and Resorts, LLC's Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND as to punitive damages under the First and Eighth causes of action; DENIED as to punitive damages under the fourth and fifth causes of action; GRANTED WITHOUT LEAVE TO AMEND as to the ...

Excerpt: ...trike the First Amended Complaint is DENIED. Defendants Crystal Santos-Copage and Evan Copage to answer complaint within 5 days. The court inquires whether a Guardian Ad Litem is required for Evan Copage, as a minor. This will be discussed at the hearing. Defendants Crystal Santos-Copage and Evan Copage's Requests for Judicial Notice within the Demurrer and Motion to Strike are GRANTED as to the existence of the documents but not as to the disput...

Excerpt: ...d Schyna Pour's Request for Judicial Notice is GRANTED as to the existence of the documents but not as to facts in dispute or hearsay. Introduction Defendants Reza Pour and Schyna Pour (Defendants) move for judgment on the pleading as to Plaintiffs Shahla Broomand's and Reza Manesh's (Plaintiffs) First Amended Complaint (FAC.) Discussion Defendants argue that the instant action (Set Aside Action) is moot due to the Bankruptcy Court's 2020 order a...

Excerpt: ...laintiff is GRANTED 20 DAYS LEAVE LIMITED TO ADDING a Tenth Cause of Action for Conversion. Defendants Armine Yedoyan and David Gevorkyan's Motion to Strike is DENIED. Introduction Defendants Armine Yedoyan and David Gevorkyan (collectively Defendants) demur to the seventh Cause of Action (COA) for defamation per se, the eighth COA for vacating a void judgment and the tenth COA for conversion alleged in Plaintiff Veoleta Stamboltsyan (Plaintiff) ...

Excerpt: ...Orwick, III and the Beneficiaries of the Charles A. Orwick, III Trust of 2001 is GRANTED in Part and DENIED in Part. The motion is GRANTED as to the Personal Representative of the Estate of Defendant Charles A. Orwick, III and DENIED as to the Beneficiaries of the Charles A. Orwick, III Trust of 2001. Plaintiff Tom Grimmett, Trustee of JP's Nevada Trust's is allowed leave to substitute in the Successor Trustee of the Charles A. Orwick, III Trust ...

Excerpt: ...cts found within and hearsay statements. Defendants Robabeh Afsari, Nasrin Sayyad, and Mountain Recovery, LLC's Request for Judicial Notice is GRANTED only as to the existence of the attached documents and DENIED as to the disputed facts found within and hearsay statements. Introduction Plaintiff Alexander Everest (Plaintiff) moves for a preliminary injunction to enjoin Defendants Robabeh Afsari and Nasrin Sayyad (Judgment Creditors) and Mountain...

Excerpt: ... The Motion to Compel Further Responses to Requests for Production Sets 1 and 2 is DENIED. No sanctions are awarded. 1. Introduction Plaintiff Gloria Weischadle (“Plaintiff”) moves to compel further responses to Special Interrogatories Sets 1 and 2 (“SI2”) and to Requests for Production of Documents Sets 2 and 3 (erroneously numbered as Set One and Set Two) from Defendant Mahin Amirgholami, M.D. In each motion, Plaintiff requests $1,200.0...

Excerpt: ...wed by statute or contract, by noticed motion. 1. Introduction Defendant Asher Harel (“Defendant”) moves for summary judgment against the Complaint of Plaintiff Abraham Amar (“Plaintiff”) 2. Evidentiary Objections Defendant objects to various portions of Plaintiff's declaration submitted in opposition to motion for summary judgment. It is noted that Defendant's objections are not numerically ordered, and as such, the Court assumes traditi...

Excerpt: ...ion. The court will hear argument on leave to amend. The Motion to Strike is DENIED. 1. INTRODUCTION This is a breach of written contract and fraud action arising out of a contract for a sale of three restaurants with their lease rights and obligations between Tavistock Freebirds, LLC as seller to The People's Party, LLC as buyer. The instant hearing involves the operative first amended cross-complaint (“1ACC”) filed by 805Escrow, Inc. (“80...

Excerpt: ... 1, 3, 6, 8, 22, 44, 51, 53, 54, 55, 74, 77, and 78 and Request for Production nos. 1-4, 6, 9, 46 and 53. The Motion to Compel as to the remaining Deposition Categories, Requests for Production, and Request for Monetary Sanctions, and the remainder of the Motion for Protective Order are DENIED WITHOUT PREJUDICE and may be renewed, if proper, after an amended complaint has been filed. Verified court ordered production must occur to be received by ...

Excerpt: ...ul, individually and as Trustee of the Performante Homes Trust Under Trust Instrument, Dated October 3, 2017's Motion for Summary Adjudication is MOOT due to the voluntary dismissal of the Fifth and Seventh Causes of Action. Plaintiff Gabriel Dos Santos' request for sanctions is DENIED WITHOUT PREJUDICE. Evidentiary objections ruled on by separate orders. INTRODUCTION Defendant Jake Joseph Paul (Paul,) as an individual, and separately Defendant J...

Excerpt: ...'s Motion for Summary Judgment is DENIED. Defendant Jazbeth Giron's Motion for Summary Judgment and Summary Adjudication are DENIED. Defendant Jazbeth Giron's Request for Judicial Notice is GRANTED but only as to the pleadings' existence; and not as to any hearsay or facts in dispute. Plaintiff Galpin Motors, Inc.'s Motion to Seal Exhibit “A” to Plaintiff's Compendium of Evidence and Defendant Jazbeth Giron's Motion to Seal Exhibit “B” to...

Excerpt: ...eene Weingarten's Demurrer to the First Amended Complaint and attached Requests for Judicial Notice are MOOT. The court sets a Case Management Conference for 4/5/2023 at 8:30 a.m. in Dept. T. MANDATORY APPEARANCE by all parties is required if no judgment has been entered or the case has not been dismissed in its entirety. At that time, the court will hear from counsel on status of the arbitration including whether arbitration has been open, arbit...

Excerpt: ...y is GRANTED but not as to any facts in dispute or hearsay.[1] Introduction At the February 8, 2022, hearing on Defendants Reza and Schyna Pour's (Defendants) Motion for Judgment on the Pleadings against the First Amended Complaint (FAC), the Court set its own motion as to the issue of whether the action was barred by the Statute of Limitations (SOL.) Plaintiff Reza Fateh Manesh (Plaintiff) filed an opposition to the Court's motion and Defendants...

Excerpt: ...y is GRANTED but not as to any facts in dispute or hearsay. [1] Introduction At the February 8, 2022, hearing on Defendants Reza and Schyna Pour's (Defendants) Motion for Judgment on the Pleadings against the First Amended Complaint (FAC), the Court set its own motion as to the issue of whether the action was barred by the Statute of Limitations (SOL.) Plaintiff Reza Fateh Manesh (Plaintiff) filed an opposition to the Court's motion and Defendant...

Excerpt: ...adings against the entirety of Plaintiffs Karen Khosteghyan, Varduhi Hovanessyan, Abraham Khosteghyan, a minor, and Milan Khosteghyan's, a minor, (collectively “Plaintiffs”) Third Amended Complaint (“TAC.”) The TAC alleges the first cause of action (“COA”) for negligence, the second COA for intentional infliction of emotional distress and the fourth COA for negligent hiring, supervision, training and/or retention against Defendants. T...

Excerpt: ...eventh, and eighth causes of action and otherwise OVERRULED as to the remaining causes of action. Defendant Morris Clement's Motion to Strike Portions of the Third Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND as to paragraph 100 of the Third Amended Complaint and is otherwise DENIED or MOOT as to the other requested paragraphs. Defendant Morris Clement's Request for Judicial Notice is GRANTED as to the filings of Exhibits A, B, D , E, F an...

Excerpt: ...ause of action (i.e. Cross-Complaint par. 81) and DENIED in all other requests related to punitive damages and attorneys' fees. Cross-Defendant Ali Senemar is ordered to file an Answer to the Cross-Complaint within 10 days of this hearing. *NOTE: A reply has not yet been filed. It was due 3/17/22. Any late filed reply will not be considered. Introduction Cross-Defendant Ali Senemar (Senemar) moves to strike words and phrases words and phrases wit...

Excerpt: ...and MOOT as to Issue nos. 7 and 8. Defendant AHM Resicom, LLC's Request for Judicial Notice is GRANTED solely as to the attached Exhibits A‐D but not any hearsay or facts in dispute within Exhibits A‐D, and DENIED as to statements of counsel explaining, rewording, paraphrasing, or summarizing court orders‐which is improper. (See Request for Judicial Notice, pars. 1‐18 (pages 2:6‐4:11).) Defendant's objections to plaintiff's declaration:...

Excerpt: ...1484 Hearing Date: March 14, 2022 Dept: T NAPCO, LLC, Plaintiff, vs. LB PROPERTY MANAGEMENT, INC., e t al., Defendants. CASE NO: 20VECV01484 [TENTATIVE] ORDER RE: DEMURRER TO CROSS-COMPLAINT OF CROSS-COMPLAINANTS ELLY NESIS COMPANY, INC., AND ELIHU S. NESIS Dept. T 8:30 a.m. March 14, 2022 [TENTATIVE] ORDER: Cross-Defendant Yehuda Rafael dba Prime Group Realty's Demurrer to Cross-Complaint of Cross-Complainants Elly Nesis Company, Inc., and Elihu...

Excerpt: ... with LASC Local Rules 3.25 and Chapter 3 for FSC and Trial preparation, and service and filing of Motions in Limine. Parties are directed to review these sections forthwith and calendar them as required. Continuances of the trial date set by preference are limited per CCP sec. 36(f). Jury fees posted or a court order for waiver of jury fees entered no later than 30 days before trial. If special settings are required for discovery motions, MSJs, ...

Excerpt: ...PLAINT Dept. T 8:30 a.m. March 09, 2022 [TENTATIVE] ORDER: 1. Faezeh Afchehe's Motion to Compel Deposition of Shabnam Akhoundzadeh is GRANTED. Deposition to take place within 20 days during normal business hours, date/time/location to be selected by moving party. Monetary sanctions in the sum of $3,500 is awarded against Shabnam Akhoundzadeh payable within 30 days to client trust account of Farivar Law Firm per CCP 2023.030, discovery abuse witho...

Excerpt: ...aside/vacate judgment filed 6/7/2021 and the settlement agreement: DENIED. 2. Plaintiff's ex parte application filed 12/17/2021to strike defendant's motion to vacate: DENIED. 3. Defendant's ex parte application filed 12/17/2021 pursuant to Evidence Code section 451 and 452 (Request for Judicial Notice): GRANTED IN PART AND DENIED IN PART. RELEVANT HISTORY: These parties were initially involved in litigation which began in Doe v. Neighbors, LASC C...

Excerpt: ...are ordered to arbitrate the matter. NOTICE OF ARBITATION STATUS CONFERENCE: The court sets an arbitration status conference on March 10, 2023, at 8:30 a.m. in Dept. T. Appearance is mandatory unless the case has been dismissed or judgment entered on an arbitration award. INTRODUCTION Defendant BMW of North America (BMWNA) moves to compel arbitration and stay all proceedings as to Plaintiff Mohammad Azhar Asadi's (Mr. Asadi) [1] Complaint. Doe 1 ...

Excerpt: ...as requested. CCP sec. 2031.030(a)(2). He has already agreed to do so. (See Defendant's response served on 2/17/21 (See Motion Exh 6).) Plaintiff John Doe's Request for Sanctions is GRANTED in the amount of $2,000 against Defendant Kiriakos, M.D. payable to the client trust account of plaintiff's counsel within 30 days. Introduction Plaintiff John Doe (Plaintiff) moves for an order compelling Defendant Ramzi Z. Kiriakos, M.D. (Defendant) to cause...

Excerpt: ...n Capital LLC's Request for Judicial Notice is GRANTED but not as to facts in dispute or hearsay. Introduction Defendants Douglas S. Dickinson (Dickinson) and Sanborn Capital LLC (Sanborn) (collectively “Defendants”) demur to Plaintiff Susan Watson's (Plaintiff) fourth cause of action (COA) for fraud alleged in the Second Amended Complaint (SAC.) The other COAs are not placed into issue in this demurrer. Discussion Preliminarily, Plaintiff cl...

Excerpt: ...argsyan's Answer and Cross-Complainant are STRICKEN AN DEFAULT ENTERED on the complaint. The Cross-Complaint is dismissed without prejudice. Plaintiff/Cross-Defendant Liwei Ji's alternative Motion for Evidentiary or Issue Sanctions is MOOT. Plaintiff/Cross-Defendant Liwei Ji's Request for Monetary Sanctions is GRANTED against Defendant/Cross-Complainant Edgar Sargsyan in the amount of $1,460.00 payable to the client trust account of Plaintiff's C...

Excerpt: ...onal insults in verbal or written communications between Mr. Stankie and the Colman law firm pending the hearing. Also, Mr. Stankie is not to send communications addressed to any person at the Colman firm other than an attorney. 2. DEFENDANT RAMIREZ'S MOTION FOR PROTECTIVE ORDER The court has considered the request for protective order filed by defendant Ramirez and issues the following tentative ruling. Where it says “no answer” then no answ...

Excerpt: ...& S Import-Export, Inc.'s Demurrer to the 2nd COA is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. 3. Leave to amend is limited to curing the defects identified and not for adding new causes of action. 4. Praeventus Solutions', Chaminda De Silva's and G & S Import-Export, Inc.'s Motion to Strike Attorney fees is GRANTED WITHOUT LEAVE TO AMEND. Introduction Defendants G&S Import-Export, Inc. (G&S,) Chaminda De Silva (De Silva,) and Praeventus Solutions, ...

Excerpt: ...f action and limited to curing the pleading defects identified. Introduction Defendants Maria Kazakos (Maria [1] ) and Steven Kazakos (Steven) (collectively “Defendants”) demur to Plaintiff Kayla Law's (“Plaintiff”) Complaint. Defendants put into issue all seven causes of action (COA.) Defendants also move to strike punitive damages. Plaintiff has not opposed either motion. Discussion Defendants argue that the sixth COA for Rescission is ...

Excerpt: .... Cross- Defendant Lana Toney is ordered to serve CODE COMPLIANT responses and production without objections within 15 days. Cross-Complainant 805 Escrow, Inc.'s requests for judicial notice attached to the Motion and Reply are DENIED. Cross-Complainant 805Escrow, Inc.'s request for monetary sanctions against Cross- Defendant Lana Toney is GRANTED in the amount of $1,580.00 payable to the client trust account of Patrick Garofalo within 30 days. I...

Excerpt: .... Both sides here are at fault. In particular, the demurring parties should have sought a court order beyond these deadlines. Despite that, everything else was also filed late. Therefore, the court will hear the demurrer on the merits but warns all parties that IN THE FUTURE they are to strictly follow ALL statutory deadlines or else seek an ex parte order or, a written stipulation and order, to extend them. This will be the court's only warning ...

Excerpt: ...y unenforceable under California's usury laws. The contract provided for a 10% per month “penalty” on the unpaid loan balance, which equals 120% per year. Additionally, although the testimony established that only $102,389 was paid by plaintiff to defendants, $146,866 was to be paid on the contract in 6 months, an interest rate of over 40% per year. Plaintiff failed to establish that he was an exempt lender under California law which would al...

Excerpt: ...Defendants are not prejudiced from refiling a Special Motion to Strike solely as to the Third Cause of Action after an amended complaint amending the Third Cause of Action is filed. Defendants Sagar Parikh and Beverly Hills Law Corp.'s request for costs is DENIED. Defendants Sagar Parikh and Beverly Hills Law Corp.'s Request for Judicial Notice is DENIED as to Exhibits A, B, and D and GRANTED as to Exhibit C but not as to any hearsay or facts in ...

Excerpt: ...is DENIED WITHOUT PREJUDICE. Discussion Plaintiff Santiago Nunez (“Plaintiff”), in his representative capacity, must provide sufficient facts to show that the settlement is fair, reasonable and adequate (Govt. C. sec.12652) or “fair to those affected” (Williams v Superior Court (2017) 3 Cal. 5th 531, 549; see also Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, as modified (Sept. 30, 1996); Kullar v. Foot Locker Retail, Inc. (2008) 168...

Excerpt: ...ction is SUSTAINED, without leave to amend. 2. Defendant's Demurrer to Plaintiffs' second, third, fourth, and fifth causes of action is SUSTAINED, with 20 days leave to amend. Defendant's Motion to Strike Portions of Second Amended Complaint is MOOT because of the demurrer rulings. INTRODUCTION On October 5, 2021, Zhirayr Alepyan and Leyla Karapetyan, as Trustees of the Alepyan Family Trust Dated November 11, 2013 (“Plaintiffs”), filed the op...

Excerpt: ...fs”) from lease agent Keyes European, LLC (“Keyes”). On March 22, 2019, Plaintiffs and Keyes entered into a lease agreement for the Subject Vehicle (the “Lease”). (Declaration of Soheyl Tahsildoost (“Tahsildoost Decl.”), Exhibit 2 (for a copy of the Lease), pp. 2- 3.) The Lease includes an arbitration provision which provides that any disputes arising out of or related to the Lease shall be resolved by binding arbitration on an indi...

Excerpt: ... following have been completed: Joint witness list 10/1/2021 Joint exhibit list 10/1/2021 Joint jury instructions 10/4/2021 Joint statement of the case 10/1/2021 In addition, still needed ‐ Verdict forms and printed out, fully edited jury instructions, time estimate for defendants' witnesses. No jury panel will be called up until all the above are completed. B. TENTATIVE RULINGS ON MOTIONS IN LIMINE The court notes several of the motions are un...

Excerpt: ... res ipsa loquitur. Plaintiff Solar Hydrogen Holdings, Inc.'s Request for Judicial Notice is GRANTED but not as to any hearsay contained therein or facts that are in dispute. Defendants Crown Commercial Properties, LLC and TMW Corporation dba Aero- Chrome Plating Request for Judicial Notice is GRANTED but not as to any hearsay contained therein or facts that are in dispute. Rulings on Evidentiary Objections are separately entered. INTRODUCTION Pl...

Excerpt: ... WITHOUT LEAVE TO AMEND except as to listed item nos. (6), (8) and (11) in the Notice to the Motion to Strike . The motion is DENIED as to listed item nos. (6) and (11) in the Notice to the Motion to Strike. The motion is MOOT as to listed item no. (8) in the Notice to the Motion to Strike. Defendant Kevin Hart's Request for Judicial Notice is GRANTED but not as to any facts in dispute or hearsay. Demurrer: Defendant Kevin Hart (“Defendant”) ...

Excerpt: ...iff Ricardo Rivas seeks an order enforcing a “settlement agreement” between plaintiffs and defendant Khechumyan for $80,000. The written evidence of a “settlement agreement” are the following: 1. Email dated 5/3/2021 from counsel for defendant Khechumyan to plaintiff's counsel which states: “In response to your settlement demand of $200,000.00, on April 15, 2021, we spoke to you by telephone to communicate an offer to settle your client...

Excerpt: ...l Notice is DENIED. Introduction Plaintiff Dennis Stankie (“Plaintiff”) moves to compel further responses to Special Interrogatories Set One (“SI”) served upon Defendant Gabriel Ramirez (“Defendant.”) Plaintiff further requests his costs for filing the motion as sanctions. Defendant opposes the motion and requests sanctions of $595.00 against Plaintiff. Plaintiff further submitted a request for judicial notice (“RJN”) with the Rep...

Excerpt: ...and SUSTAINED WITH LEAVE TO AMEND as to the Fifth Cause of Action. The Demurrer to the Third Cause of Action is MOOT due to its withdrawal by moving parties. Plaintiff is granted 20 days leave to file an “Amendment to the SAC” (and not a “Third Amended Complaint”) to plead the itemization of expenses under the Eleventh Cause of Action for Failure to Reimburse Expenses and to plead where the fraudulent misrepresentation took place as to th...

Excerpt: ...to grant a motion to augment. Accordingly, the court addresses each of these issues. The court notes that there are mandatory statutory requirements in order to grant this motion. Plaintiffs' counsel addresses it solely as a matter of equity but fails to submit credible evidence to support the mandatory considerations. CCP section 2034.620 states: The court shall grant leave to augment or amend an expert witness list or declaration only if all of...

Excerpt: ...and SUSTAINED WITHOUT LEAVE TO AMEND as to the Fifth Cause of Action for Fraud. The Demurrer to the Third Cause of Action is MOOT due to its withdrawal by moving parties. Plaintiff is granted leave to file an “Amendment to the SAC” (and not a “Third Amended Complaint”) to plead the itemization of expenses under the Eleventh Cause of Action for Failure to Reimburse Expenses. Defendants FaceCake Marketing Technologies, Inc., Linda, and Ron ...

Excerpt: ...egation stating: “even calling the police stating Plaintiff was beating his roommate and when the police came, not only Plaintiff was not there, but also the roommate was sleeping and when woke up with the police, could testify that nothing happened.” The Motion is DENIED as to the portion of the allegation stating: “Multiple episodes happened in the past few months, where Defendant Dilfuza Ibragimova made it clear that she didn't want Plai...

Excerpt: ...nt (“FAC”) filed by Plaintiff K.W. (“Plaintiff.”) Discussion Defendant failed to show compliance with the meet and confer requirements, as required under CCP sec. 435.5. Defendant did not attach to the motion a declaration from counsel nor did Defendant file separately a declaration from counsel stating their efforts to comply with the meet and confer statute. However, Plaintiff does not object to the defect and the Court sees no prejudic...

Excerpt: ...and sixth causes of action. Defendants have 20 days to answer the Third Amended Complaint. 1. Introduction Defendant David Sternlight (“Sternlight”) and Defendant Cabeau, Inc. (“Cabeau”) (collectively “Defendants”) each filed their own demurrer to the Third Amended Complaint (“TAC”) filed by Plaintiff Upside Health, Inc. (“Plaintiff.”) Sternlight's demurrer places into issue the fourth Cause of Action (“COA”) for conversio...

Excerpt: ...s that are in dispute. Defendants Crown Commercial Properties, LLC and TMW Corporation dba Aero- Chrome Plating Request for Judicial Notice is GRANTED but not as to any hearsay or facts that are in dispute. Introduction Plaintiff Solar Hydrogen Holdings, Inc. (“Plaintiff”) moves for summary adjudication (“MSA”) as to several Affirmative Defenses (“AD”) alleged in the Answer filed by Defendant Crown Commercial Properties, LLC (“Crown...

Excerpt: ... for Production of Business Records Only to Contractors State License Board is GRANTED in Part and DENIED in Part. The request to quash Document Demand nos. 1-7 in their entirety as to Plaintiff and Cross-Defendant Orian Construction and Roofing, Inc. and Cross-Defendant Yosef Merhav is DENIED. The request to quash Document Demand no. 8 in its entirety as to Cross-Defendant Yosef Merhav is GRANTED. If, however, the request pertains to events in t...

Excerpt: ... as to punitive damages and DENIED as to the first and second causes of action for negligence and negligent entrustment. Defendant Troy Heidtmann's Request for Judicial Notice is DENIED as to Exhibit 2 and GRANTED as to the remaining exhibits except as to any facts in dispute or hearsay. 1. Introduction Defendant Troy Heidtmann (“Defendant”) moves for summary judgment (“MSJ”) against the First Amended Complaint (“FAC”) filed by Plaint...

Excerpt: ...n dispute or hearsay. Plaintiffs Shamel and Farideh Sanani's Request for Judicial Notice is DENIED as to all exhibits. Defendant Mohammed Asadi's Objections against Plaintiffs Shamel and Farideh Sanani's Request for Judicial Notice is MOOT because the Court denied Plaintiffs' Request for Judicial Notice. Introduction Defendant Mohammed Asadi (“Defendant”) demurs to the second cause of action (“COA”) for breach of contracts alleged in the ...

Excerpt: ...nt”) demurs to the Complaint filed by Plaintiffs Donise McIntryre; Hector Lara; Amaya Lara, a minor; Akira Lara, a minor; and Alexa Lara, a minor (collectively “Plaintiffs.”) Specifically, Defendant places into issue the fifth cause of action (“COA”) for Intentional Infliction of Emotional Distress (“IIED.”) Defendant also moves to strike the allegations in support of IIED and the request for punitive damages. Discussion Defendant a...

Excerpt: ...annot determine how much time is allowed to complete the deposition because it was not provided with the entire transcript. Defense counsel shall file or lodge a complete copy of the deposition so the court can determine that time limit. ______________________ Defendants' Motion to Compel Special Interrogatories, Set 2: Granted. There was a stay of discovery from 7/26/2021 through 9/27/2021. Mr. Stankie was directed to make a good faith effort af...

Excerpt: ...iscuss whether the trial will be by jury or a bench trial, time estimate and proposed dates. [TENTATIVE] ORDER: Plaintiff John Doe's Motion for Leave to File a Second Amended Complaint is GRANTED. The Second Amended Complaint must be separately served and efiled within 21 days. INTRODUCTION Plaintiff John Doe (“Plaintiff”) moves for leave of Court to file a Second Amended Complaint to plead the facts supporting the allegations against Defenda...

Excerpt: ...ially moves to strike the Cross-Complaint (“XC”) filed by Cross-Complainant Elisha Fara Landman (“Cross-Complainant.”) Cross-Complainant places into issue each of the four causes of action (“COA”) alleged: 1) harassment, 2) intimidation, 3) interference with covenant of quiet enjoyment, and 4) public disclosure of private facts. Procedure Cross-Defendant objects to the untimely filing and service of the Opposition. Cross-Complainant w...

Excerpt: ... is limited to curing the defects identified below (i.e.: alleging a negligence per se cause of action as the Third Cause of Action and pleading specific facts as to the Fourth Cause of Action, and pleading Punitive Damages under the Second Cause of Action, see below) and not to add new causes of action. The Motion to Strike Portions of the First Amended Complaint is GRANTED WITH 10 DAYS LEAVE TO AMEND as to Punitive Damages under the Second Caus...

Excerpt: ...aintiff.”) The Demurrer places into issue the Second Cause of Action (“COA”) for negligence. Discussion Defendant argues that the negligence COA fails to allege sufficient facts and is uncertain Defendant contends the elements of negligence are not supported by fact pleading. Defendant further argues that there are no additional facts specifically alleged against Defendant (ie: the incorporation allegations are insufficient.) The Complaint ...

Excerpt: ... 71; and Prayer Paras. 1, 4, and 8. (3) The Motion to Strike is DENIED as to portions of paras. 5 and 47, and the entirety of para. 32. (4) The Request for Judicial Notice is GRANTED but not as to any facts in dispute or hearsay. (5) The Request for Joinder to the instant motions by Defendant Shahen Minassian is MOOT. Mr. Minassian has been dismissed. (6) The Request for Joinder to the instant motions by Defendant Arthur Minassian is GRANTED. (7)...

Excerpt: ...d as to this discovery. This is without prejudice to defendant's seeking additional continuance if the responses are insufficient and a motion to compel is required. DENY WITHOUT PREJUDICE CONTINUANCE OF TRIAL AND FSC. Because there is sufficient time to complete this discovery without moving the Trial and FSC dates, the application is denied without prejudice. FSC and Trial remain scheduled for 10/4/2021 at 10 a.m. TRIAL AND FSC ORDERS: Counsel ...

Excerpt: ... action against this defendant, defendant to submit a proposed judgment. Introduction Defendant Wilmington Savings Fund Society, FSB, DBA Christiana Trust, not Individually but as Trustee for Pretium Mortgage Acquisition Trust, erroneously sued as Wilmington Savings Fund Society FSB DBA Christina Trust as Trustee for Premium Mortgage Acquisition Trust (“Defendant” or “Wilmington”) moves for judgment on the pleadings against portions of th...

Excerpt: ...every effort made to avoid a motion. Verified answers without objection due in 30 days. After answers are served, substantial efforts to resolve are required before another motion including talking to each other in person by phone or preferably by video conference. Request for Admission: Verified code compliant answers without objection due in 30 days. Prospective sanctions are not awarded in view of the failure to call counsel to inquire as to t...

Excerpt: ...ng defects identified below and not to add new causes of action. Introduction Defendant Behrooz Salim (“Defendant”) moves for judgment on the pleadings against the Complaint filed by Plaintiff Bijan Yaghoobia (“Plaintiff.”) The motion places into issue the third cause of action (“COA”) for fraud and deceit, the fourth COA for conspiracy, the fifth COA for intentional interference with prospective economic advantage (“Interference”...

Excerpt: ...The arbitration award was entered on April 14, 2021 and Arbitrator Holsinger (“Arbitrator”) granted Respondent The Transportation Corporation's (“TTC”) motion to dismiss. Despite the caption of the Petition only marking the box to “vacate” the award, the body of the Petition shows that Johnson additionally requests the Court to “correct” the award to be in his favor in the amount of $162,000 plus the injunctive relief of reinstate...

Excerpt: ...dered to provide further verified supplemental responses in Code compliant form within 15 days. Monetary sanctions are awarded against defendant in the sum of $1,500 for discovery abuse without substantial justification and failure to comply with court order, per CCP section 2031.310, payable to client trust account of plaintiff's counsel within 30 days. The court denies the request for prospective monetary sanctions; however, if there is continu...

Excerpt: ... WITHOUT LEAVE TO AMEND as to the seventh cause of action. The leave to amend is granted to cure the defects identified by the Court and not to add new causes of action. Introduction Defendants One Week Bath, Inc. (“OWB”) and Matt Plaskoff (“Plaskoff”) (collectively “Defendants”) demur to the Complaint filed by Plaintiff/Trustee Grant Norris (“Plaintiff.”) The Demurrer places into issue the First, Third, Fifth, Sixth and Seventh c...

Excerpt: ... move to abate and enter an interlocutory judgment in Defendants' favor staying Reza Fateh Manesh v Reza Pour, 19STCV09975 (“Damages Action,”) filed by Plaintiff Reza Fateh Manesh (“Plaintiff” or “Manesh,”) until the final determination of Shahla Tehrani Broomand and Reza Fateh Manesh v Reza Manesh, et. al., BC597220 (“Set Aside Action.”) Discussion The Court notes that Defendants appear to be conflating two separate legal theorie...

Excerpt: ... the MSJ and have violated CCP section 437c(b)(3) which states as follows: (3) The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts the opposing party contends are disputed. Each materia...

Excerpt: ...anted. 1. Introduction Defendants Valley Home Health Care, Inc. (“VHHC”), Josefina Sta Maria (“Maria”), and Nancy Navarette (“Navarette”) (collectively, “Defendants”) demur against the Complaint filed by Plaintiffs Abdolreza Bahmanyar and Arnavaz Bahmanyar, individually and as successors-in-interest to Decedent, Mehrangiz Vasigh-Ansari (collectively, “Plaintiffs”). The demurrer places into issue the first cause of action (“C...

Excerpt: ...c. (“Empire”) (collectively “Defendants”) move to vacate the entry of default and default judgment in favor of Plaintiff Paul Alexander Goldenberg, Trustee of the 2005 PIDA Family Revocable Trust (“Plaintiff.”) Discussion Defendants move to vacate default and default judgment under the discretionary provision of CCP sec. 473(b). (Motion pg. 8:7-13.) In support of the motion, Defendants submit the declaration of Chernyavsky to show his...

Excerpt: ... Bunevacz (“Defendants”) demur to Plaintiff's Complaint for unlawful detainer. 2. Discussion Defendants contend that Plaintiff's Complaint should be dismissed because it is completely barred under the Los Angeles County Eviction Moratorium (“Moratorium”). The issue of whether any moratorium(s) may be an affirmative defense is not resolved at the demurrer stage. The court previously held a hearing on the defendants' late service of a COVID...

Excerpt: ...Plaintiffs Rita Dersarkissian and Hoobert Issaian's (collectively “Plaintiffs”) First Amended Complaint. 1. Evidentiary Objections The court rules on the Plaintiffs' evidentiary objections to the Declaration of Eric Johnson as follows: (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Overruled. 1. Discussion The Court will first address the arguments made as to Plaintiffs' fourth cause of action, a...

Excerpt: .... ___________________________ JEAN M. HERGER, Plaintiff, vs. NVA SOUTH TEMECULA AND MURRIETA OAKS, INC., Defendant. CASE NO: 20VECV01283 [TENTATIVE] ORDER RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT Dept. T 8:30 a.m. Au gust 9, 2021 [TENTATIVE] ORDER: The Motion for Approval of PAGA Settlement is GRANTED. 1. Introduction Jean M. Herger (“Plaintiff”) initiated this action against NVA South Temecula and Murrieta Oaks, Inc. (“Defendant”) unde...

Excerpt: ...ered on record at the Mandatory Settlement Conference on March 4, 2021, and the signed stipulated settlement agreement entered into between Plaintiff and Defendant dated March 12, 2021. 2. DISCUSSION CCP section 664.6 provides that “[i]f the parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for a settlement of the case, or part thereof, the court, upon motio...

Excerpt: ...einafter, “Plaintiff”) move for an order amending the judgment to add CHC Builders Inc. (“CHC”) as a judgment debtor pursuant to Code of Civil Procedure § 187. 2. Procedural Issues The Court grants Plaintiff's request for judicial notice as it relates to Exhibits 1 through 3. 1. Discussion Here, Plaintiff argues that CHC is an alter ego of Defendant Abraham Gottlieb (“Gottlieb”) based on evidence that was presented at trial in this a...

Excerpt: ...arising out of a dispute of two neighbors about the construction of a block wall. On April 8, 2021, Plaintiff Jose M. Duarte (“Plaintiff”) filed his complaint against Defendants Samy Tliche, Sonia E. Martinez incorrectly sued as “Soni E. Martinez, (collectively “Defendants”), and Does 1 through 10. Plaintiff asserts four causes of action: (1) nuisance; (2) trespass; (3) permanent injunction; and (4) declaratory relief. Plaintiff alleges...

Excerpt: ...and request for production of documents (“RPDs”), sets one, on Plaintiff, Mayra Gonzalez (“Plaintiff”) on October 9, 2020. To date, despite an extension of time to respond and attempts to meet and confer, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendants' motions are unopposed and granted. Plaintiff is or...

Excerpt: ...tary sanctions is DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of July 28, 2021 [ ] Late [X] None REPLY: None filed as of July 28, 2021 [ ] Late [X] None ANALYSIS: I. Background On February 24, 2020, self-represented Plaintiff Jorge Flores (“Plaintiff”) filed an action against Defendant Cag...

Excerpt: ...�FAC”) which alleges several causes of action against Defendants Judi Barker (“Barker”), Allstate Property and Casualty Insurance Company (“Allstate”), PennyMac Corp. (“PennyMac” or “Defendant”) Ricco Electric/Construction (“Ricco”), Switch-On Electric Co (“SOE”). Plaintiff alleges the sole cause of action of breach of obligation to pay against Penny Mac. The FAC alleges in pertinent part as follows. On July 9, 2014, the...

Excerpt: ...Olson (“Defendant”). Defendant filed an Answer on February 26, 2021. On March 29, 2021, Defendant filed the instant Motion for Leave to File Cross-Complaint. To date, no opposition has been filed. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complain...

Excerpt: ...ys. The Case Management Conference is continued to 10/6/2021 at 8:30 a.m. in Dept. T. CMC Statements are required. Counsel are ordered to meet and confer per CRC 3.724 and 3.727 prior to the CMC. 1. Introduction This is a breach of written contract action arising out of a contract for a home pool construction and renovation project on Plaintiff Kathy Jo McCloskey's (“Plaintiff”) property located at 2780 Hilary Court, Thousand Oaks, California...

Excerpt: ...e 4, 2018, Plaintiff Hayk Melkumyan (“Plaintiff”) filed his complaint against Elmer A. Diaz (“Diaz”), KelCapital Investments, LLC (“KelCapital”) (collectively “Defendants”), and Does 1 through 50. The complaint includes seven causes of action: (1) fraudulent inducement; (2) fraud by false promise; (3) breach of contract; (4) money due on default of note; (5) conversion; (6) unjust enrichment; and (7) breach of covenant of good fai...

Excerpt: ...ration dba Aero Chrome Plating, and STL Enterprises, Inc. (collectively, “Defendants”) move for an order granting leave of court to file a cross-complaint against Monet Construction, Inc. pursuant to Code of Civil Procedure §§ 428.10 and 428.50(c). 2. Discussion Here, a review of the proposed Cross-complaint demonstrates that Defendants are seeking to pursue the following causes of action against Monet Construction, Inc.: (1) express indemn...

Excerpt: ...1) breach of contract and (2) bad faith breach of insurance contract. 2. Request for Judicial Notice Defendant's Request for Judicial Notice Nos. 1-2 is DENIED. 3. Discussion Defendant contends that Plaintiff has failed to state his breach of contract causes of action because (1) the Fourth Amended Complaint (“FAC”) impermissibly contradicts allegations in prior pleadings by shifting the blame of failure to set up automatic payments for the i...

Excerpt: ...1. Introduction On April 23, 2021, Plaintiff Sun Crest Partners, LP initiated this residential unlawful detainer action against Defendants David Bunevacz and Jessica Bunevacz. The Bunevaczes moved for dismissal of the action based on COVID‐ 19‐related financial distress. The Court declined to dismiss the case on June 4, 2021. Defendants proceeded to file their demurrer on June 17, 2021, but not before Plaintiff had requested and obtained entr...

Excerpt: ...December 2, 2020, against defendants Califit, Inc. ("Califit") Jason Caramanis, and Pierre Patinwiltz (collectively "Defendants"). On April 12, 2021, the court granted Plaintiff's application for a right to attach order and filed a Right to Attach Order and Order for Issuance of Writ of Attachment against defendant Califit. Defendant Califit was ordered to deposit $109,791.99 with the Clerk of Court upon Plaintiff's filing of an undertaking in th...

Excerpt: .... 1. Introduction Plaintiff Peter Johnson (“Plaintiff”) initiated this action on November 16, 2020, against Defendants FaceCake Marketing Technologies, Inc. (“FaceCake”), Linda Smith, and Ron Smith (collectively, “Defendants”). This action arises out of Plaintiff's employment with Defendants. Plaintiff's First Amended Complaint (“FAC”), filed on April 20, 2021, is the operative complaint. The FAC asserts twelve causes of action ag...

Excerpt: ... issue. 1. Introduction This is a breach of contract action arising out of a breach of a contract and guaranty agreement for merchandise and clothing. On April 15, 2021, Plaintiff The Print Lab, Inc. (“Plaintiff”) filed its operative second amended complaint (“SAC”) against Pink Dolphin Clothing, LLC (“Pink Dolphin”), Neima Khaila (“Khaila”), Cena Barhagi (“Barhagi”) (collectively “Defendants”), and Does 1 through 20. Plai...

Excerpt: .... Defendant is ordered to file an Answer to the Second Amended Complaint within 10 days. INTRODUCTION Defendant/Doe 1 Invitation Homes Realty California, Inc. (“Defendant”) demurs to the Second Cause of Action for Intentional Infliction of Emotional Distress claim in the Second Amended Complaint (“SAC”) filed by Plaintiff Karen Khosteghyan, Varduhi Hovanessyan, Abraham Khosteghyan and Milan Khosteghyan (collectively “Plaintiffs.”) The...

Excerpt: ...�) demur to the Complaint's single cause of action (“COA”) filed by Plaintiff Susan Watson (“Plaintiff.”) The COA is titled “Recision [sic], Restitution, and Damages for Violation of California Corporate Code secs. 25100 through 25166, and 25200 et. seq., Security Laws of 1968.” Defendants further move to strike allegations related to fraud, malice, oppression and disregard of Plaintiff's rights when punitive damages are not requested...

Excerpt: ...djudication is DENIED as to Issue 1 (wrongful death) and GRANTED as to Issue 2 (survival action). INTRODUCTION This is a case in which an inartfully pleaded initial complaint states facts sufficient to establish a cause of action for wrongful death thereby creating a triable issue of fact to defeat a summary judgment motion on the statute of limitation. Both Defendants Martin Mortazavi MD (“Mortazavi”) and Roman Leibzon, MD (“Leibzon”) (c...

Excerpt: ...pplemental Demand for Production of Documents and to Compel Attendance at Deposition are GRANTED. Plaintiff is ordered to serve verifications to her responses attached to her opposition within 20 days. As this order will be served by mail, there will be an additional 5 days added. The motion to compel deposition is GRANTED and plaintiff shall appear at a deposition, only a mutually convenient date and time, within 30 calendar days from today. The...

Excerpt: ...TH 10 DAYS LEAVE TO FILE “AMENDMENT TO THE CROSS-COMPLAINT” as to the second cause of action for Breach of Fiduciary Duty. The leave to amend is restricted to curing the pleading defect identified below and is not for the addition of any new causes of action. As such, Cross- Complainants are limited to filing an “Amendment to the Cross-Complaint” to allege over- billing under the second cause of action and are prohibited from filing a com...