Excerpt: ...collectively, Defendants) specially moved to strike Plaintiff Alexander Everest's (Plaintiff) First Amended Complaint (FAC). The motion placed into issue the FAC's first cause of action (COA) for negligence per se – violation of 15 U.S.C. sec. 6821; the second COA for intentional infliction of emotional distress (IIED); the third COA for fraud; and the fifth COA for violation of Business and Professions Code section 17200 (UCL). In the alternat...

Excerpt: ... the documents' existence and not as to any hearsay or facts in dispute. Cross-Complainant Richard Khatibi, individually and dba Rich Estate Properties' request for judicial notice is GRANTED only as to Exhibit 1 but only as to the documents existence and not as to any hearsay or facts in dispute; DENIED as to Exhibits 2-6. Cross-Complainants Faezeh Afchehe and Melica Khatibi's request for leave to file a fourth amended cross- complaint made in t...

Excerpt: ...specific to 2015 Cadillac Escalades with the same transmission and with the same complaints. The failure to carefully tailor discovery to issues in this case results in the court denying the motion on those items because they are grossly overbroad and seek information that is not relevant to this case nor leading to the discovery of admissible evidence. As part of the meet and confer, plaintiff could have revised the interrogatories to limit them...

Excerpt: ...ve documents are being withheld pursuant to privilege, or they are no longer in existence and why, or whether they are in the possession of another and identification of the other. (Whenever the court says Code Compliant below, it incorporates this language.) Verified further Code compliant response and production with compliance statement and privilege log due within 20 days. 3. The court overrules the objections: vague and ambiguous, irrelevant...

Excerpt: ...ely, Defendants) moved for judgment on the pleadings against Plaintiff Megna Real Estate Management Inc.'s (Plaintiff) Complaint. Procedure Defendants failed to show compliance with the meet and confer requirements when filing a motion for judgment on the pleadings. (Code Civ. Proc. sec. 439.) Although failure to comply with the meet and confer requirements cannot be grounds to grant or deny the motion, it can be grounds to continue the motion or...

Excerpt: ...a Bruck Trust and Marko Family Trust. As to defendant Bruck and Marko, the demurrer is overruled as to all else. Plaintiff Darhooneh Construction Inc.'s leave is limited to curing the pleading defects identified in the ruling and not to add new causes of action. Introduction Defendants Bruck and Marko (B&M); Jake & Nina Bruck Trust (JNBT); and Marko Family Trust (MFT) (collectively, Defendants) demurred to Plaintiff Darhooneh Construction Inc.'s ...

Excerpt: ...moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Defendant Jessica Baker (Defendant.) The MSJ/MSA placed into issue the Complaint's first cause of action (COA) for breach of contract and second COA for possession of personal property. Plaintiff alleged that there is an unpaid balance of $70,365.24 on the “Loan and Security Agreements and Disclosure Statement” (Contracts). Procedure Plaintiff's Request ...

Excerpt: ...ri-Tech Restoration and Construction Co.'s (Defendant) Memorandum of Costs (Memo). Discussion Pursuant the transcripts from the hearings on April 22, 2022 and April 26, 2022, the oral settlement agreement placed on the record, there is sufficient showing that there was a settlement between Plaintiffs and Defendant that included a waiver of costs. Because the parties waived their costs, the Cost Memo filed by Defendant is improper. This was not ju...

Excerpt: ...es is improper for failure to comply with Code of Civil Procedure, section 425.13. However, the allegations in the Complaint do not show that the “intentional tort” occurred during medical treatment or directly related to the manner in which medical treat was being provided. The factual allegations in the Complaint make no reference to any medical services or treatment being provided. Further, Plaintiff's opposition clarified that she had ter...

Excerpt: ...on was filed. The court has discretion to consider untimely oppositions and elects to do so in the interests of consideration of the matter on the merits and not on a technical defect, particularly as counsel admits fault for the untimely opposition and explains how it occurred. Having considered the untimely opposition, the court finds that it has nothing of substance that affects the court's decision. The court does not grant issue sanctions at...

Excerpt: ...tice is served by mail as it is the court's intent to give only 5 days leave and the additional 5 days for mailing is already built into the order. In Silver Organizations v. Frank (1990) 217 Cal.App.3d 97, the court stated: This case involves the interpretation and application of section 426.50, enacted in 1972, which provides: "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, i...

Excerpt: ...SA) against Plaintiffs Charles and Charlene Charthern's (Plaintiffs) Complaint. Defendant's MSA asserted eight issues moving against the first cause of action (COA) for Civil Code sec. 2924(a)(1) violation; the second COA for 12 C.F.R. sec. 1026.41 violation – the Truth in Lending Act (TILA); the third COA for Civil Code sec. 1788.30 violation – the Rosenthal Fair Debt Collection Practices Act (FDCPA); the fourth COA for Financial Code secs. ...

Excerpt: ...ent (Civ. Code, sec. 51.9) [MSA Issue 1], third COA for sexual abuse by a therapist (Civ. Code, sec. 43.93) [MSA Issue 2], fourth COA for sexual battery [MSA Issue 3], and fifth COA for intentional infliction of emotional distress (IIED) [MSA Issue 4]. Discussion Defendant asserted that there is no triable issue of fact based upon the defense under the Anti-Heartbalm statute. (Civ. Code, sec. 43.5 and Atienza v. Taub (1987) 194 Cal.App.3d 388 (At...

Excerpt: ...an Guarantee and Liability Insurance Company's Request for Judicial Notice is GRANTED but not as to facts in dispute or hearsay. Cross-Complainants' request for a stay is DENIED. Introduction Cross-Defendant AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY (AGLIC) demurred to Cross-Complainants HERTZ INVESTMENT GROUP, LLC; HERTZ GROUP REALTY OPERATING PARTNERSHIP, LP; HERTZ GROUP REALTY TRUST, INC.; HPT NEW ORLEANS OSS, LLC; NEW ORLEANS I HOLDI...

Excerpt: ...intiff) First Amended Complaint (FAC). Defendant argued against all four causes of action (COA). However, the title to each COA identified the party against whom the claim is alleged. Plaintiff only alleged the first two COAs against Defendant. The third and fourth COAs are not alleged against Defendant. The demurrer to the third and fourth COAs is MOOT. Discussion Defendant's reply was due Tuesday 8/22/23. No timely reply was received. Defendant...

Excerpt: ...d to Plaintiff Jane Doe's (Plaintiff) sixth cause of action (COA) for negligence alleged in the Complaint. Discussion Defendants asserted the defense of immunity under the Communications Decency Act (CDA) (47 U.S.C. sec. 230(c)(1); Doe II v. MySpace Inc. (2009) 175 Cal.App.4th 561 (Doe II).) The immunity applies when: (1) the defendant is an interactive computer service provider; (2) the defendant is not a content provider with respect to the dis...

Excerpt: ... which went to a contested trial on May 15, 2023. The matter was taken under submission and a written decision was issued by the court on May 16, 2023. Judgment was entered against defendant on May 16, 2023. A writ of possession was issued on May 30, 2023. On June 8, 2023, defendant's ex parte application to stay enforcement was denied. On July 5, 2023, defendant filed an ex parte application for stay of execution. After opposition was filed, the...

Excerpt: ...D. Defendant Efrat Levy and Bert Ziegel are ORDERED to separately file the Proposed Answer attached to the instant motion within 10 days. Introduction Defendants Efrat Levy (Levy) and Bert Ziegel (Ziegel) (collectively, Defendants) moved to set aside the default and/or default judgment and to quash the service of Plaintiff Narine Chobanyan (Plaintiff) summons and complaint. Defendants attached their Proposed Answer as Exhibit A to the Motion. Pro...

Excerpt: ...d for summary judgment (MSJ) and alternatively moved for summary adjudication (MSA) against two separately filed complaints: (1) Lucidio Sanchez Mejia, Veronica Guadalupe Sanchez, Rosalia Gonzaga Hidalgo, Jose Pablo Arellano, Victorino Gonzaga, Jr., Raudel Munoz Quijas, Liliana Victoria Quijas by and through Guardian Ad Litem Raudel Munoz Quijas, Valeria Victoria Quijas by and through Guardian Ad Litem Raudel Munoz Quijas, Yuridia Arellano, Anton...

Excerpt: ...pplied for a right to attach order and writ of attachment against Defendant Fully Torqued Productions, LLC (Defendant) related to the amount of $530,031.00. Discussion Pursuant to Code of Civil Procedure sec. 484.090, Plaintiff must show the probable validity of their breach of contract claim. To show probability of prevailing, Plaintiff submitted its declaration to attest to the parties entry into the Production Agreement dated January 5, 2022 t...

Excerpt: ...y law, court records are presumed to be open. The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narro...

Excerpt: ...) demurred to Plaintiff Reima McDade's (Plaintiff) Complaint. The demurrer placed into issue the second cause of action (COA) for negligence. Defendant Nancy Larin (Larin) joined in the demurrer. Discussion Defendants argued that the second COA is duplicative of the first COA for medical malpractice. Plaintiff alleged that Defendants, and each of them, breached their duty to “select and periodically evaluate and/or supervise its medical staff a...

Excerpt: ...) demurred to Plaintiffs Amir Edwards (Edwards) and Sarpreet Gill's (Gill) (collectively, Plaintiffs) Complaint. Defendant placed into issue the first cause of action (COA) for breach of contract, the second COA for negligence, the third COA for fraud, and the fourth COA for common count. Plaintiffs' opposition was due August 4, 2023. Plaintiffs did not file an opposition and Defendant filed a notice of non-opposition. Discussion Defendant argued...

Excerpt: ...ount – goods and services rendered, promissory fraud, and common count – open book account. Discussion Defendant argued that all COAs are barred by the applicable statute of limitations (SOL) and assert that the accrual date for all COAs is 2018 – the date Plaintiffs ceased working at Defendant. (FAC par. 6.) As to the SOL argument for services rendered when reviewed as a singular COA related to only the failure to pay for her services, the...

Excerpt: ...it and SUSTAINED WITHOUT LEAVE TO AMEND as to the following causes of action: first (1st) cause of action for breach of written contract, second (2nd) cause of action for breach of fiduciary duty, third (3rd) cause of action for fraudulent inducement to contract, fourth (4th) cause of action for negligence, fifth (5th) cause of action for violation of Business and Professions Code section 17200, et seq., the sixth (6th) cause of action for violat...