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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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