Excerpt: ...nied. THERE ARE TRIABLE ISSUES OF MATERIAL FACTS WHICH PREVENT GRANTING OF THE MOTION FOR SUMMARY ADJUDICATION The motion cannot be granted because there are triable issues of material facts. The “Submission Summary” dated 2/26/2015 (Pltf's Exh. 1) shows that the applicant names for the 2015 policy are Carlos Elias Maldonado and Delmont Wilcox dba Maldonado Construction and Associates, a partnership. This is not in dispute. The letter from SC...

Excerpt: ...cial Notice is GRANTED but not as to any hearsay or facts at issue. INTRODUCTION Plaintiffs Guy Roche, Michaeline Roche, Michael Davoodifar, Golnaz Davoodifar (collectively “Plaintiffs”) move summary judgment or alternatively summary adjudication as to their Complaint seeking to renew their February 28, 2008, judgment (“Existing Judgment”) against Defendant Yoram Yehuda (“Defendant”) entered in Roche, et. al. v Yehuda, et. al., Case N...

Excerpt: ...dant Michael Farhood (“Farhood”) moves to set aside the default entered against him. Procedure Farhood's motion to set aside the default entered on May 4, 2021 is deemed MOOT due to the filing of the First Amended Complaint (“FAC”) on June 1, 2021. The Court notes that the FAC made substantive changes in the causes of action alleged against Farhood. Due to the substantive changes, the prior default has been “opened.” Carrasco v. Craft...

Excerpt: ... Dept. T 8:30 a.m. Hearin g: June 21, 2021 [TENTATIVE] ORDER: The Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Introduction Defendant US Bus Charter & Limo Inc., named as “US Coachways, Inc.” (“Defendant”) demurs to all three Causes of Action (“COA”) alleged in the Complaint (“Compl.”) filed by Plaintiffs Lucidio Sanchez Mejia, et. al. (“Plaintiffs.”) The three COAs alleged are: negligence, negligent hir...

Excerpt: ... Dept. T 8:30 a.m. Hearin g: June 21, 2021 [TENTATIVE] ORDER: The Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Introduction Defendant US Bus Charter & Limo Inc., named as “US Coachways, Inc.” (“Defendant”) demurs to all three Causes of Action (“COA”) alleged in the Complaint (“Compl.”) filed by Plaintiffs Lucidio Sanchez Mejia, et. al. (“Plaintiffs.”) The three COAs alleged are: negligence, negligent hir...

Excerpt: ...0 to Mike Vo. Total fees = $104,617.50. Introduction Defendants Dennis P. Riley; Rena Kreitenberg; Mesisca, Riley & Kreitenberg, LLP; Demarais Riley (collectively “Attorney Defendants”) and Defendants Jack Vaughn, Esmeralda Hernandez; Wayne Hart; Carlos Rodriguez and Ernest Johnson (collectively “Tenant Defendants”) (all parties collectively referred to as “Defendants”) move for attorneys' fees incurred in the appeal filed by Plaintif...

Excerpt: ...on the limiting language set forth below and denied as to the scope of the demand being “any and all.” The Court orders the production of medical and psychological records, inclusive of sign- in sheets, medical reports, records, photos, notes, including mental health, psychiatric, psychological notes, x-rays, insurance information, path reports, inpatient treatment and outpatient treatment records, tests and test results, and billing records,...

Excerpt: ...on for Summary Adjudication is DENIED as to both the Second and Fifth Causes of Action. 1. INTRODUCTION Cross-Defendants A.G. Properties, Inc. ("AGP") and Jonathan Silver ("Silver") (collectively Cross-Defendants move for summary adjudication ("MSA") against the First Amended Cross- Complaint ("FACC") filed by Greg Linzner ("Linzner") and Nicole Pearlman ("Pearlman") (collectively "Linzners.") The motion places into issue the Second cause of acti...

Excerpt: ...des Benz Financial Services USA LLC (“Defendant”) demurs to the complaint filed by Plaintiff Farzan Azinkhan (“Plaintiff.”) The demurrer places into issue the two causes of action (“COA”) alleged: 1) violation of CC sec. 1785.25(a) (“CCRAA Violation”) and 2) violation BPC sec. 17200 (“UCL Violation.”) The opposition was due May 11, 2021 and the Court file reflects none being filed. Discussion The first COA expressly claims a v...

Excerpt: ...tice is GRANTED except as to any hearsay and matters in dispute. The Third Amended Complaint is not judicially noticed for any evidentiary purposes. ‐‐ Plaintiffs' Request for Judicial Notice is GRANTED except as to any hearsay and matters in dispute. The Third Amended Complaint is not judicially noticed for any evidentiary purposes. ‐‐ Ruling on Defendant's evidentiary objections filed on April 23, 2021 is set forth below. Plaintiffs' Op...

Excerpt: ...________ 8:30 a.m. Dept. T CIVILITY ORDER NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE: The court orders continuance of the CMC to _____________, 2021 at 8:30 a.m. in Dept. T. Both sides are to meet and confer prior to the CMC per California Rules of Court 3.724 and 3.727 and file a Joint Statement no later than 5 court days prior to the CMC as to those issues. First draft of the Joint Statement is to be prepared by plaintiff, and the fina...

Excerpt: ... Defendants' Request for Judicial Notice is GRANTED. Introduction Defendants 19035 Sherman Apts. LP (“Sherman”) and Berkeley Management, Inc., LLC (“Berkeley”) (collectively “Defendants”) moves to strike the Complaint's request for attorney fees, treble damages, and punitive damages. Discussion As for attorney fees, the Complaint fails to allege the specific grounds for the requested relief. It is noted that the prayer of the Complain...

Excerpt: ...f good faith and fair dealing. The unopposed Motion to Strike is GRANTED WITH 30 DAYS LEAVE TO AMEND. The Request for Judicial Notice is GRANTED but not as to any hearsay or disputed facts. Introduction The court notes that this matter was set to be heard on March 2, 2021. Plaintiffs substituted into the case as self represented litigants on Feb. 24, 2021. Plaintiffs requested a continuance in order to obtain an attorney and/or oppose the demurre...

Excerpt: ...within 10 days. INTRODUCTION Defendants Bassam K. Bejjani, M.D. and Bassam K. Bejjani, M.D., Inc. (collectively “Defendants”) demur to all eight causes of action (“COA”) in the First Amended Complaint (“FAC”) filed by Plaintiff M. M. (“Plaintiff.”) The COAs at issue are violation of the Unruh Act, Gender Violence, Sexual Harassment, Sexual Battery, Sexual Assault, Intentional Infliction of Emotional Distress (“IIED”), Negligen...

Excerpt: ...ORDER: The Motion for Issue and Evidentiary Sanctions is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED as to the issue/evidentiary sanctions so as to state: “It is deemed proven and established for the purposes of this action that AGP underreported its payroll to its workers' compensation insurer during the period from 2016 to 2019; and AGP is prohibited from introducing evidence contradicting the afore-mentioned issue sanction.” ...

Excerpt: ...HE COURT MUST HAVE A PROOF OF SERVICE ATTACHED SHOWING SERVICE BY EMAIL ON OPPOSING COUNSEL AND SIGNED UNDER OATH BY AN ADULT - NOT THE PLAINTIFF. FAILURE TO ATTACH THE PROOF OF SERVICE TO FUTURE DOCUMENTS MAY RESULT IN THE COURT STRIKING THE PLEADING. [TENTATIVE] ORDER: The Demurrer to the First Amended Complaint is OVERRULED as to the 2nd, 4th, 5th, 6th, 7th, 12th, 17th, and 18th Causes of Action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3...

Excerpt: ...Family Trust dated November 11, 2003 (collectively “Alepyans”) and Defendants, Allen Hershberg, individually and trustee of the Allen Hershberg IRA (“Hershberg”), Next Generation TS FBO Allen Hershberg IRA 2750 (“Next Generation”), and Magnum Property Investments, LLC (“Magnum”) (collectively “Settling Parties”) move for determination of good faith settlement as to their Amended Settlement Agreement (“ASA”.) Defendant, Cro...

Excerpt: ...ENIED. The Motion for Leave to File a First Amended Complaint is GRANTED. 1. INTRODUCTION Defendant Smart Saver Magazine, Inc. (“Defendant”) moves for judgment on the pleadings against the Complaint filed by Plaintiff Creditors Adjustment Bureau, Inc. (“CAB” or “Plaintiff.”) Plaintiff moves for leave to file a First Amended Complaint. As alleged in the Complaint, the multiple agreements at issue identify Defendant Smart Saver Magazine...

Excerpt: ... RESPONSE ARE NOT CODE COMPLIANT. [TENTATIVE] ORDER: The Motion to Compel Further Responses to Request for Production Set 1 is GRANTED as to demand #7, 10‐14, 21‐24, and 27‐30. Code Compliant responses and production due in 20 days, 1. Introduction This is a lemon law action arising out of Plaintiff Michael Emilio Moreno (“Plaintiff”)'s purchase of a Ford Truck S‐DTY F‐250 2016 Vehicle Identification Number IFT7W2BTXGEA37814 (the �...

Excerpt: ... granting the motion requires defendant Diamond Professionals International to serve verified supplemental responses without stating any objections or “without waiving”objections within 20 days. Monetary sanctions awarded against defendant Diamond Professionals International for discovery abuse pursuant to CCP section 2023.010 in the sum of $3,000 payable to client trust account of plaintiff's counsel within 30 days. Defendant acted without s...

Excerpt: ...rvice of Plaintiff Ladislav P. Petrovsky's (“Plaintiff”) Summons and Second Amended Complaint (“SAC”) on the grounds that the Court lacks personal jurisdiction over her. 2. Discussion Even though the Defendant is the moving party, the Plaintiff bears the burden of proof to demonstrate that the Court has personal jurisdiction. (Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710.) Due process permits the exercise of personal jurisdicti...

Excerpt: ...November 2, 2020, Plaintiff Fateh Manesh filed a first amended complaint (“FAC”) against Defendants Reza Pour and Schyna Pour (collectively, “Defendants”). On December 18, 2020, Defendants filed this demurrer. 1. FACTUAL BACKGROUND Plaintiff Fateh Manesh alleges the following: In 1995, Defendant Reza Pour obtained a judgment of $50,000.00 against Plaintiff Fateh Manesh (“Judgment”). (Defendants' RJN, Ex. 3; FAC ¶ 5.) On October 31, 2...

Excerpt: ... AmWINS Access Insurance Services, LLC and Justin Pizzola dba Pizzola Insurance Agency, LASC Case No. LC106247 and Solutions Plus Management, LLC v. Nautilus Insurance Company, LASC Case No. 19VECV01070. 2. All further pleadings and papers will be filed only in Case No LC106247 and shall indicate as consolidated with Case No. 19VECV01070. 3. A copy of this order shall be filed in each action consolidated by this order. INTRODUCTION Plaintiff Solu...

Excerpt: ... v. AmWINS Access Insurance Services, LLC and Justin Pizzola dba Pizzola Insurance Agency, LASC Case No. LC106247 and Solutions Plus Management, LLC v. Nautilus Insurance Company, LASC Case No. 19VECV01070. 2. All further pleadings and papers will be filed only in Case No LC106247 and shall indicate as consolidated with Case No. 19VECV01070. 3. A copy of this order shall be filed in each action consolidated by this order. INTRODUCTION Plaintiff S...

Excerpt: ... (“COA”) alleged in the Complaint (“Compl.”) filed by Plaintiff Matthew Modaraei (“Plaintiff.”) The Complaint alleges defamation, negligence, intentional interference with prospective economic relations (“Interference”), intentional infliction of emotional distress (“IIED”) and negligent infliction of emotional distress (“NIED.”) Plaintiff alleges that Defendant made defamatory statements asserting that Plaintiff committed...

Excerpt: ...hao Gai (“Plaintiff.”) The demurrer places into issue the first cause of action (“COA”) for breach of contract and the second COA for breach of the implied covenant of good faith and fair dealing. There has been no timely reply. Procedure Defendant was added to the TAC by Doe Amendment as Doe 1. However, the TAC only alleges that the third COA for professional negligence is alleged against Doe Defendants. The first two COAs, that are plac...

Excerpt: ...or Judicial Notice submitted with the Reply is DENIED as to Exhibits 1, 2 and 5 and GRANTED as to Exhibits 3 & 4 but not as to any facts in dispute. 1. INTRODUCTION Cross-Defendant Liwei Ji (“Ji”) demurs to the Cross-Complaint (“XC”) filed by Cross- Complainant Edgar Sargsyan (“Sargsyan.”) The demurrer places into issue all six causes of action (“COA”) for breach of oral contract, money owed, intentional misrepresentation, neglige...

Excerpt: ...rrer. Issues of ability to prove the facts or credibility are not assessed at the time of demurrer. -- The court denies the motion to strike as to all allegations except grants and strikes Paragraphs B and C (attorney fees and punitive damages.) --Defendant has 25 days to answer the complaint. --Separately filed Motion to Amend denied without prejudice because of plaintiff's failure to comply with California Rules of Court, Rule 3.1324, see below...

Excerpt: ...nant of good faith and fair dealing. The unopposed Motion to Strike is GRANTED WITH 30 DAYS LEAVE TO AMEND. The Request for Judicial Notice is GRANTED but not as to any hearsay or disputed facts. Introduction Defendant Pennymac Loan Services, LLC (“Defendant”) demurs to the Complaint filed by Plaintiffs Harvey and Beverly Williams (collectively “Plaintiffs.”) The demurrer places into issue all four causes of action (“COA”) alleged: 1)...

Excerpt: ...L ARE DIRECTED TO REVIE W THE STATE BAR AND LASC RULES ON CIVILITY IN DETERMINING ITS RESPONSE TO THE REQUEST FOR CONTINUANCE AND INDICATE ITS RESPONSE ACCORDINGLY. HARVEY J. WILLIAMS; et. al., Plaintiff, vs. CASE NO: 20VECV00483 [TENTATIVE] ORDER RE: DEMURRER & MOTION TO STRIKE Dept. T 8:30 a.m. March 2, 2021 PENNYMAC LOAN SERVICES, LLC; et. al. Defendants. [TENTATIVE] ORDER: The unopposed Demurrer to the Complaint is SUSTAINED WITH 30 DAYS LEAV...

Excerpt: ...uest within the Reply for an order to evict is DENIED. The Court orders the matter to be reinstated onto the active roll/calendar. A First Amended Complaint (FAC) was filed on 2/5/2021. The court sets an OSC Re Service of the FAC, entry of default on the FAC or filing a response to FAC on 3/22/2021 at 8:30 a.m. INTRODUCTION Defendants Steve Amanatullah aka Mustafa F. Amanatullah (“Steve”) and Heidi Amanatullah (“Heidi”)[1] (collectively �...

Excerpt: ...deposition of Dr. Hanna will be taken only once and not until after expert designation. Production of documents not to take place until statutory period prior to deposition. 2. Motion to Compel Deposition of Dr. Hanna and for production of records filed by plaintiff on 8/20/2020 Tentative Ruling: Deny. Deposition subpoena was not personally served. CCP section 2020.220. Accordingly, the court does not have jurisdiction to order Dr. Hanna to appea...

Excerpt: ...pursuant to C.C.P. section 426.16(c) in the sum of $14,552.00. The court directs defendants to submit a proposed judgment on attorney fees A special motion to strike was filed by these moving defendants. After the special motion to strike was filed and set for hearing on 10/16/2020, the court posted its tentative ruling on 10/13/2020 granting the special motion to strike and then on 10/14/2020, plaintiff voluntarily dismissed her case. A moving p...

Excerpt: ...Specialty Insurance Company's “Reply to Defendants Objections to Evidence” filed on January 22, 2021 was reviewed and it does not change the Court's January 21, 2021 ruling on Defendants' evidentiary objections to Plaintiff's evidence. INTRODUCTION Plaintiff Navigators Specialty Insurance Company (“Plaintiff”) moves for summary judgment or, alternatively, summary adjudication on their Second Amended Complaint (“SAC”) filed on 2/26/202...

Excerpt: ...] ORDER: -- Defendant/Cross-Defendant Sherman Oaks Fashion Associates, L.P.'s Motion for Summary Judgment or in the Alternative for Summary Adjudication against Plaintiff and Cross-Complaint International Coffee & Tea, LLC is DENIED in its entirety. The court finds there are triable issues of material fact which requires the trier of fact to decide the case. -- Cross-Complainant Sherman Oaks Fashion Associates, L.P.'s Motion for Summary Adjudicat...

Excerpt: ...ts in the amount of $5,240.70 payable by plaintiff to client trust account of counsel for defendants. INTRODUCTION Defendants The Law Office of Matthew P. McCue, Corp., Paronich Law, P.C. and Broderick Law, P.C. move the court for an award of $71,710.00 in attorneys' fees and $5,240.70 in costs pursuant to CCP § 1717, after final adjustments made in reply. The court previously awarded these Defendants $33,500.00 in attorneys' fees and $903.00 in...

Excerpt: ...of action asserted against him in the complaint filed by Plaintiff Montia Sabbag: negligence; negligent infliction of emotional distress; negligent supervision; intentional infliction of emotional distress; invasion of privacy - intrusion upon seclusion; invasion of privacy - public disclosure of private facts; invasion of privacy - false light; and violations of California Constitution - right to privacy. The court notes that the causes of actio...

Excerpt: ...ts”) demur against the First Amended Complaint (“FAC”) filed by Plaintiffs Shahla Tehrani Broomand and Reza Manesh (“Plaintiffs”). The demurrer places into issue the first cause of action (“COA”) for independent action in equity to set aside and vacate judgment for lack of personal jurisdiction and the second COA for independent action in equity to set aside and vacate judgment for extrinsic fraud or mistake. Although Plaintiffs fai...

Excerpt: ...3; GRANTED WITHOUT LEAVE TO AMEND as to Civil Penalties in Prayer pg. 18:13 under CC §§1941, 1942 and 1942.4; and GRANTED WITH LEAVE TO AMEND as to Civil Penalties in Prayer pg. 18:13 under CC §1942.5. 1. INTRODUCTION Defendants Adelheid Coeler, individually and as Trustee of the Coeler Trust (“Coeler”); and P.A.C. Properties Management, LLC (“PAC”) (collectively “Defendants”) demur to the Complaint filed by Plaintiffs Lala Grigory...

Excerpt: ... 30 DAYS LEAVE TO AMEND. Claims for attorney fees must comply with Business and Professional Code and State Bar Rules. Characterizing the money owed as “money had and received” or “common counts” does not obviate the plaintiff's obligation to give statutory notice of right to mandatory fee arbitration nor does the assignment of the right to receive the benefits from the law firm assigned to an inactive lawyer. 2. Defendant Bank of America...

Excerpt: ...rial fact on the issue of duty on the claims for negligence and negligent supervision, and failed to establish a triable issue of material fact on the issue of damages on the claim for fraud and intentional infliction of emotional distress. Plaintiff's request for leave to amend the negligence and negligent supervision causes of action is DENIED. Defendant's evidentiary objections are ruled upon separately. 1. INTRODUCTION Plaintiff filed a compl...

Excerpt: ... is GRANTED but not as to matters that are in dispute or hearsay. 1. INTRODUCTION Defendant Ferdan Balanay Dacayanan dba Centerline Construction (“Defendant”) demurs to the First Amended Complaint (“FAC”) filed by Plaintiff Avi Shlanger (“Plaintiff.”) The demurrer places into issue the first cause of action (“COA”) for equitable indemnity, the second COA for restitution and the third COA for violation of BPC §17200. 2. DISCUSSION...

Excerpt: ...E, TIME AND LOCATION WITHIN 20 DAYS. REQUEST FOR PROTECTIVE ORDER IS DENIED. NO TENTATIVE ORDER ON SANCTIONS. This is a motion to compel Michael Boyd, the CFO of defendant Tri-Tech, to appear and resume his deposition which was started on 9/22/2020. The court has reviewed the papers filed in support of and in opposition to the motion, the complete transcript of the deposition (except the court did NOT review the exhibits to the deposition) and au...

Excerpt: ...al Notice as to Exhibit 1 is GRANTED except as to matters in dispute and as to Exhibit 2 is DENIED. Answer to be filed within 20 days. INTRODUCTION Defendants Marquee Funding Group Inc (“MFG”), Megan Lagerson (“Lagerson”) and Ryan Solovy aka R.J. Solovy (“Solovy”) (collectively “Defendants”) demur to the Second Amended Complaint (“SAC”) filed by Plaintiff North American Title Insurance Company (“NATIC” or “Plaintiff.”)...

Excerpt: ...al Notice as to Exhibit 1 is GRANTED except as to matters in dispute and as to Exhibit 2 is DENIED. Answer to be filed within 20 days. INTRODUCTION Defendants Marquee Funding Group Inc (“MFG”), Megan Lagerson (“Lagerson”) and Ryan Solovy aka R.J. Solovy (“Solovy”) (collectively “Defendants”) demur to the Second Amended Complaint (“SAC”) filed by Plaintiff North American Title Insurance Company (“NATIC” or “Plaintiff.”)...

Excerpt: ...ry objections are ruled upon separately. INTRODUCTION Cross-Defendants Karl Perman (“Perman”) and Niko Honarbakhsh (“Honarbakhsh”) (collectively “Cross-Defendants”) specially move to strike the first cause of action (“COA”) for Civil Extortion and/or the second COA for Abuse of Process in the Cross-Complaint (“XC”) filed by Cross-Complainants Yuliya Gayevska (“Gayevska”) and Balboa Real Estate Holdings LLC (“Balboa”) (...

Excerpt: ...or to any facts in dispute. Plaintiff KLA BPL Portfolio Owner, LLC's request for judicial notice is GRANTED but not as to any hearsay nor to any facts in dispute. NFP and Ross to answer the First Amended Complaint within 20 days. INTRODUCTION Defendants' NF Plant Enterprises, LP (“NFP”) and Ross Stores Inc. (“Ross”) (collectively “Defendants”) filed separate demurrers to the First Amended Complaint (“FAC.”) Both demurrers place in...

Excerpt: ...ttlement meets the requirements of Tech‐Bilt, et al., etc. INTRODUCTION Defendant, Cross-Defendant, and Cross-Complainant County Records Research, Inc. (“CRR”) seeks an order to deny the application for determination of good faith settlement made by Plaintiffs Zhirayr Alepyan and Leyla Karapetyan, as Trustees of the Alepyan Family Trust dated November 11, 2003 (collectively “Alepyans”) and Defendants, Allen Hershberg, individually and t...

Excerpt: ...A LLC, dba Canopy Energy” (“Defendant”) moves for summary judgment (“MSJ”) or alternatively for summary adjudication (“MSA”) against the Complaint filed by Plaintiff Laura Gonzalez (“Plaintiff.”) The MSA raises a total of 21 issues against the twelve causes of action (“COA”) alleged in the Complaint and also raises an issue as to punitive damages. The Court notes that the individual defendants in this action are not moving p...

Excerpt: ...tice is GRANTED as to Exhibits A-G but only as to their existence and not as to facts asserted therein and DENIED as to Exhibits H and I for failure to authenticate the website printouts. 1. INTRODUCTION Defendants Steptoe & Johnson, LLP and Jason Levin (collectively “Defendants”) demur to the Second Amended Complaint (“SAC”) filed by Plaintiff Ladislav Petrovsky, in pro per (“Plaintiff”). The demurrer places into issue two causes of ...

Excerpt: ...WITH 30 DAYS LEAVE TO AMEND. 2. The Request for Joinder to LeadsMarket.com LLC's Demurrer and Motion to Strike is GRANTED. INTRODUCTION Cross-Defendant Mikhail Parshin (“Parshin”) demurs to the First Amended Cross- Complaint (“FACC”) filed by Cross-Complainant Joseph Falls (“Falls”) only. The demurrer is against the Ninth and Tenth causes of action (“COA”), Twelfth through Fourteenth and Eighteenth COAs filed only by Falls. Parshi...

Excerpt: ...l evidence sufficient to meet the burden to sustain the objections; (2) Any documents produced in response to the RFP must identify the specific request number to which each document is responsive, pursuant to Code of Civil Procedure section 2031.280 subdivision (a), and must include the information required under Code of Civil Procedure section 2031.230 when responding party represents that it is unable to comply. GRANT $1,485.00 sanctions again...

Excerpt: ...Cross-Defendant Solar Hydrogen Holdings Inc.'s Request for Judicial Notice is granted as to Exhibits 1, 11 and 12 but not as to the truth of the matters stated in those documents and is denied as to Exhibit 5 (for which no authority for the court to take judicial notice is identified.) INITIAL NOTE: Initially the court instructs counsel that as it is improper in reviewing a demurrer for the court to consider facts outside the four corners of a co...

Excerpt: ... as to the 7 th COA. The Motion to Strike is MOOT. Plaintiff's Request for Judicial Notice is GRANTED but only as to the existence of the order and not any hearsay. 1. Introduction Defendants Remmet Industrial Ltd (“Remmet”) and The Simpson Co. Inc. (“Simpson”) (collectively “Defendants”) demur to all seven Causes of Action (“COA”) alleged in the First Amended Complaint (“FAC”) filed by Plaintiff Amir Solimanikhoo (“Plaintif...

Excerpt: ...est for judicial notice is DENIED as to Exhibit 1; GRANTED as to the existence of the document but not as to any hearsay found therein for Exhibits 52, 53, 54, 55, 56, 58, 59, 60; and GRANTED as to Exhibit 57. Plaintiff's request for judicial notice is GRANTED as to the existence of the document but not as to any hearsay found therein for Exhibits 10, 12, 13, 14, 19, 20, 21; and GRANTED as to Exhibit 22. Plaintiff's request for a continuance is M...

Excerpt: ... defendants AMWINS Access Insurance Services, LLC (“AMWINS”) and Justin Pizzola dba Pizzola Insurance Agency (“PIA”) (collectively “Defendants” ) is DENIED. Defendants' Request for Judicial Notice is GRANTED as to the existence of the two pleadings and motion but not as to any hearsay within. Plaintiff's Request for Judicial Notice is GRANTED as to the existence of the Court's orders and motions but not as to any hearsay. Plaintiff's ...

Excerpt: ... defendants AMWINS Access Insurance Services, LLC (“AMWINS”) and Justin Pizzola dba Pizzola Insurance Agency (“PIA”) (collectively “Defendants” ) is DENIED. Defendants' Request for Judicial Notice is GRANTED as to the existence of the two pleadings and motion but not as to any hearsay within. Plaintiff's Request for Judicial Notice is GRANTED as to the existence of the Court's orders and motions but not as to any hearsay. Plaintiff's ...

Excerpt: ...Notice is GRANTED. The Motion to Strike is MOOT. 1. INTRODUCTION Cross-Defendant Auction.com, Inc. (“Auction”) demurs to the Second Amended Cross- Complaint (“SAXC”) filed by Cross-Complainant Triloki Devjani (“Devjani”.) The demurrer places into issue the first cause of action (“COA”) for BPC §17200 violation, the second COA for fraud – intentional misrepresentation, the third COA for fraud – negligent misrepresentation, the...

Excerpt: ... NSHLAI TO THE STATE BAR CLIENT SECURITY FUND PER C.C.P. SECTION 473(c)(1)(B) The court tentatively grants the motion to vacate order of dismissal. The court addresses individually each of the bases for the motion. However, it is contingent upon a sworn declaration pursuant to C.C.P. section 473(b). 1. FAILURE TO APPEAR AT HEARING ON 9/5/19 Mr. Nshlai fails to acknowledge that he did not attend the hearing on 9/5/19. He states in his declaration,...

Excerpt: ...y causing an injury and actual loss or damage. Tortorella v. Castro (2006) 140 Cal.App.4th 1, 12-13. There are multiple triable issues of fact which arise from the declarations of plaintiff's medical experts Dr. Robert Collins, Dr. Ramin Ashtiani and Dr. Todd Lempert. All of the plaintiff's experts set forth facts from which it can be determined that they have knowledge and experience to render their professional opinions as to Dr. Mortazavi. Dr....

Excerpt: ... $27,125. Payment by plaintiff Kirk C. Chamberlin by check or money order to the Client Trust Account of ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, 865 South Figueroa Street, Suite 2800 Los Angeles, California 90017-2543. 1. Introduction Defendant Meadow Lay (“Defendant”) moves for attorneys' fees against Plaintiff Kirk Chamberlin (“Plaintiff”) in the total amount of $72,189.19 per CCP §425.16. 2. Discussion Initially, the court not...

Excerpt: ... days. DEMURRER 1. Introduction Defendant The Apostolic Company (“Defendant”), sued as Doe 1, demurs against the Complaint filed by Plaintiff Brandon David (“Plaintiff”). The demurrer moves against the first cause of action (“COA”) for negligence; the second COA for negligent hiring, retention, supervision; the third COA for negligent failure to warn, train or educate; the fourth COA for negligence per se; the fifth COA for sexual bat...

Excerpt: ...ntiff LA Solar Group, Inc. (“Plaintiff”) in the amount of $58,103.75. 2. Discussion It is undisputed that Defendant is the prevailing party on the Anti-SLAPP motion. At issue is the reasonableness of the amount of fees requested. The attorney's fees subsection of CCP §425.16 is interpreted to allow awards of only such fees as the court deems reasonable. Robertson v. Rodriguez (1995) 36 Cal. App. 4 th 347, 362; Dove Audio, Inc. v. Rosenfeld, ...

Excerpt: ...s (“Plaintiff”.) The Complaint alleges two causes of action: negligence and negligence by common carrier. 2. Discussion MTA asserts that there is no triable issue of material fact as to whether the MTA or the driver was negligent. MTA provides that the facts show that there was no prior notice of the attack upon Plaintiff. MTA cites to City and County of San Francisco v Sup. Ct. (1994) 31 Cal. App. 4 th 45 (“San Francisco”) as being on al...

Excerpt: ...e court rules that it is not.” At page 615 the court further noted: “Weil and Brown observe that many attorneys seem to be unaware that monetary sanction orders are enforceable through the execution of judgment laws. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial 3 (The Rutter Group 1994) paragraphs 9:344.21, 9:344.22, p. 9(1)-92.) These orders have the force and effect of a money judgment, and are immediately enforceable th...

Excerpt: ...perties, LLC (“Whitsett”), 6551 Woodley Avenue, LLC (“Woodley”) and Pearson Affiliated, Inc dba Pearson Properties (“Pearson”) (collectively “Defendants”) DEMURRERS AND MOTIONS TO STRIKE AGAINST THE THIRD AMENDED COMPLAINT Dept. T 8:30 a.m. 8/18/20 or 8/21/20 (tentatives posted fo r both days, unclear which demurrers are scheduled for which days) [TENTATIVE] ORDER: Demurrers to the Third Amended Complaint: -- OVERRULED on the Nint...

Excerpt: ...roy (“Geoffroy”) and Emily Green (“Green”) (collectively “Plaintiffs.”) The Complaint only has one cause of action (“COA”) for quiet title. 2. Discussion The Complaint alleges that Defendant's claim to the property is improper because the secured debt with Trimerica Mortgage Corporation dba Avaris Capital for $100,000 was discharged in bankruptcy. (Compl. ¿¿15-16, Exh. C & D.) Further, Plaintiffs allege that Defendant is not ide...

Excerpt: ...ction Defendant Los Angeles Unified School District (“Defendant”) moves to strike from the First Amended Complaint (“FAC”) filed by Plaintiff Jane Doe (“Plaintiff”) the portions related to a cover up and treble damages under CCP §340.1. Treble Damages Per the case law submitted by both parties, the immunity from punitive damages under GC §818 is narrow and applicable to damages whose purpose is “simply and solely punitive or exemp...

Excerpt: ...roduction Defendant Meadow Lay (“Defendant”) moves for attorneys' fees against Plaintiff Kirk Chamberlin (“Plaintiff”) in the total amount of $72,189.19 per CCP §425.16. 2. Discussion Initially, the court notes that when the reply to the opposition to the motion to strike was filed, the defendant sought $56,445 in fees. The only change between that request for fees and the current request for fees is additional work on the motion for fee...

Excerpt: ... of Social Services, (“Respondent”) demurs to the Petition filed by Petitioner Robert Garber (“Petitioner.”) Petitioner concurrently seeks to strike the demurrer of Respondent. 2. Procedural Issues as to the Demurrer Respondent provides that a meet and confer was unable to be conducted because Petitioner's phone number, email or fax is not listed on the petition. However, a request was made upon Petitioner via US Mail (which was served al...

Excerpt: ...es for sanctions per CCP §128.7 against Plaintiff Victor Azal and Plaintiff's Counsel, Timothy Hannigan, in the amount of $8,772.50. 2. Discussion Defendant argues that the filing of the action/complaint is frivolous and without merit. Preliminarily, the Court notes that the motion's points and authorities fail to clearly and specifically reference the interrogatory responses wherein a discrepancy between Plaintiff's allegation and the evidence ...