Excerpt: ...y disobeying the court order of 7/29/2022 ordering you to "provide the information on the last ten checks you gave to judgment debtor SAYEH KHOEI (“Debtor”) to pay her for services provided to Ghermezian's firm, RAYMOND GHERMEZIAN, APC (“Firm”), to include information as to which banking institution Debtor is cashing the checks, the account numbers that Debtor is depositing such checks into and the amounts of such checks within the past 9...

Excerpt: ...tomotive, Inc. (Defendant) demurred to Plaintiff Martha Michel- Aquino and Pedro Aquino (Plaintiffs) Complaint. Defendant placed into issue the only cause of action (COA) alleged against it, the fourth COA for negligent repair. Discussion Defendant argued that the negligence COA is barred by the Economic Loss Rule. “Simply stated, the economic loss rule provides: ‘[W]here a purchaser's expectations in a sale are frustrated because the product...

Excerpt: ...Notice is GRANTED but not as to any hearsay or facts in dispute. Defendants are ordered to file an Answer within 20 days. Introduction Defendants Bernard and Patricia Stark (collectively, Defendants) demurred[1] to Plaintiff Sarah Jellison's (Plaintiff) Complaint. The Demurrer placed into issue the first three causes of action for invasion of privacy, trespass, and intentional infliction of emotional distress. Defendants concurrently moved to str...

Excerpt: ...Park LLP's Request for Sanctions is DENIED. Introduction Defendants Robabeh Afsari and Nasrin Sayyad (collectively, Defendants) specially moved to strike per Code of Civil Procedure section 425.16 (Anti-SLAPP Motion) Plaintiff Alexander Everest's (Plaintiff) Complaint. Due to the voluntary dismissal of the action, the primary issue considered as to Defendants' Anti-SLAPP Motion is the request for attorney fees against Plaintiff under Code of Civi...

Excerpt: ...rld Life Insurance Company's Motion for Summary Judgment/Motion for Summary Adjudication as to Issue 1 against the first, second, fourth, fifth, and sixth causes of action; as to Issue 2 against the first, second, fourth, fifth, and sixth causes of action; as to Issue 3 thru 7 are DENIED. Defendants Farmers Group, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, and Farmers New Wo...

Excerpt: ... Chaminda De Silva, and Praeventus Solutions, Inc.'s Motion to Modify is GRANTED only as to Subpoena Request nos. 1 & 2. Subpoena Request nos. 1 & 2 is ordered to be limited to “monthly statements” reflecting receipts, withdrawals or “inter-bank transfers” to Plaintiff. The motion to modify is DENIED as to Subpoena Request nos. 4-6. Defendants G&S Import-Export, Inc., Chaminda De Silva, and Praeventus Solutions, Inc.'s Motion for Protecti...

Excerpt: ...d new causes of action. Introduction Defendant Fab4, LLC (Defendant) demurred to Plaintiff Max Gamble's (Plaintiff) Complaint. Defendant placed into issue all three causes of action (COA) alleged in the Complaint. Plaintiff has not filed an opposition. Discussion Defendant argued that each of the three COAs insufficiently pleads facts to support the claims. As to the first COA for violation of the Unfair Competition Law (UCL,) Defendant argued la...

Excerpt: ...) and Dr. Reshad DDS Inc. dba ArtLab Dentistry's (ArtLab) (collectively, Defendants) demurred to Plaintiff Christine Forrester, D.D.S.'s (Plaintiff) First Amended Complaint (FAC.) Defendants placed into issue the second cause of action (COA) for intentional misrepresentation, third COA for negligent misrepresentation, and fourth COA for concealment (collectively, Fraud Claims.) The Opposition was due November 7, 2022, and Plaintiff, in pro per, d...

Excerpt: ... must designate a corporate representative, if one is desired to sit at trial, who is not going to testify. MIL 4: Re limiting experts to opinions stated at deposition. The court queries whether experts can render opinions on matters learned after their depositions, or on hypotheticals based on courtroom testimony. The court will discuss with counsel. MIL 5: Re precluding reference to textbooks or treatises on direct exam. MIL 6: Re to prevent pl...

Excerpt: ...fendant Axos Bank (Defendant.) Discussion Plaintiff requested leave to file a First Amended Complaint (FAC) which alleges ten new causes of action (COA.) Plaintiff alleged both contract and tort claims based upon Defendant's alleged failure to properly apply Plaintiff's loan payments. Within the ten new COAs, Plaintiff alleged two COAs for “loss of rental property income” and “negligence/premises liability” (i.e., the third and fourth COA...

Excerpt: ...mended Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendant Ali Sepehr's Demurrer to the Third Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr's Motion to Strike Portions of the Third Amended Cross- Complaint is GRANTED WITHOUT LEAVE TO AMEND as to Punitive Damages and DENIED as to Attorneys' Fees. Cross-Defendants Aliasghar Khatibi, Ebra...

Excerpt: ...udicial Notice is GRANTED as to Exhibits 10-12's existence but not as to any hearsay or triable issues of fact. Objections made in the Separate Statements are overruled. 1. INTRODUCTION Defendant Equinox Holdings, Inc. (Defendant) moved for summary judgment (MSJ) or alternatively summary adjudication (MSA) against Plaintiff Jane Doe's (Plaintiff) Complaint. Defendant's MSA identified issues as to Plaintiff's second cause of action (COA) for negli...

Excerpt: ...David Darwish, and 1132 Hyperion Ave. Trust's Third Amended Complaint is the second cause of action for breach of contract alleged against Defendants Jack Vaughn, Esmeralda Hernandez, and Wayne Hart. Defendants Carlos Rodriguez and Ernest Johnson's Motion for Summary Judgment and Motion for Summary Adjudication are MOOT because the Court's July 28, 2022 Order disposed of the entire action against them. Defendants Jack Vaughn, Esmeralda Hernandez,...

Excerpt: ...ut only as to the existence of the documents and not as to any hearsay or facts in dispute. Respondent TSI Investment Group, Inc.'s Request for Judicial Notice is DENIED. Introduction Petitioner Carepatrol Franchise Systems LLC (Petitioner) moved for an award of attorneys' fees from Respondent TSI Investment Group, Inc. (Respondent.) Petitioner is requesting $20,885.00. Procedure Respondent made a request for judicial notice within the body of th...

Excerpt: ...ants Westlake Nail Bar and CH Realty/North Ranch, L.P.'s Request for Judicial Notice is GRANTED as to the pleadings' existence and not as to any facts in dispute or hearsay. Introduction Defendants/Cross-Complainants Westlake Nail Bar (Nail Bar) and CH Realty/North Ranch, L.P. (CH Realty) (collectively Defendants) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiffs Jesus Fabiola Moreno Lopez; Evely...

Excerpt: ...Home for the Aging (Defendant) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiff Dorothy Kaplan's (Plaintiff) First Amended Complaint (FAC.) Defendant's MSA Issues are against the first cause of action (COA) for elder abuse and the request for punitive damages. The Reply was due October 20, 2022. Procedure As to Defendant's MSJ, Defendant must show that no triable issue of material fact exists as ...

Excerpt: ...m Khatibi's Motion to Strike Portions of the Third Amended Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr's Demurrer to the Third Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-Defendant Ali Sepehr 's Motion to Strike Portions of the Third Amended Cross- Complaint is GRANTED WITHOUT LEAVE TO AMEND. Cross-Defendants Aliasghar Khatibi, Ebrahim Khatibi, and Ali Sepehr are ordered to file an Answer w...

Excerpt: ...AH & SHEM-TOV, INC. 15303 Ventura Blvd., 9th Floor Sherman Oaks, CA 91436. Discussion: The court denied with motion by this party to quash the subpoena served on it. Since that time, Comforting Home Hospice Inc. has failed to comply with the subpoena. Therefore, the court orders it, by 11/1/2022 to serve with a verification all documents set forth below on counsel for Judgment Creditor: DEFINTIONS: A. the term "DOCUMENT(S)" shall have the broades...

Excerpt: ... pending arbitration. Case Management Conference is set for 10/17/2023 at 8:30 a.m. Appearance by both sides is REQUIRED unless judgment has been entered or the case dismissed. Defendants Lets Restyle Ca, Inc., and IBeauty Brands, Inc.'s request for interim attorneys' fees is DENIED WITHOUT PREJUDICE. Introduction Defendants Lets Restyle Ca, Inc., and IBeauty Brands, Inc.'s (collectively Defendants) moved to compel arbitration and requested $10,1...

Excerpt: ...ract or by statute. The settlement agreement in this case constitutes a contract. After a motion to enforce the settlement, the terms of the settlement agreement became a judgment. The judgment states as follows: “GPP shall pay reasonable attorneys' fees, costs, and expenses associated with the prosecution of the ACTION to the TRUONGS counsel, Kemnitzer Barron & Krieg LLP. Following the Court's entry of the INJUNCTION, and after payment has bee...

Excerpt: ... Answer within 20 days. Introduction Defendant Dorothy Schwartz, as Trustee (Defendant,) demurs to Plaintiff Earl M. Appleby's, as Trustee (Plaintiff) Complaint. Defendant's Demurrer places into issue the third cause of action (COA) for Civil Code section 1102 et seq. violation, the fourth COA for failure to disclose; and the fifth COA for fraud. Discussion Defendant, as the seller of Plaintiff's property, asserted that she satisfied her duty to ...

Excerpt: ...MS”), is believed to be solely owned and operated by Judgment Debtor, Alexander Everest. This is based on documents received pursuant to a subpoena issued to Stewart Title of California and Umpqua Bank. (Decl. Shem-Tov, ¶¶ 3-4.) The documents received from Stewart Title of California concern the same transaction as the documents sought from the escrow company here. On July 31, 2018, the Property was purchased by Judgment Debtor, and, on his r...

Excerpt: ...ns must be accompanied by a separate document setting forth the particular discovery requests at issue, the responses thereto, and the reasons why such sanctions should be imposed. (Cal. Rules of Court, rule 3.1345(a)(7).) Plaintiff's alternative request for issue sanctions failed to include a separate statement. Because of Plaintiff's failure to submit a separate statement, there is grounds to deny the alternative request for issue sanctions. Di...

Excerpt: ...AINED WITH 20 DAYS LEAVE TO AMEND as to the third, fourth causes of action. Defendant Arthur Page and Defendant Arthur Page Company LLC's Demurrer to the entirety of Rose's Garden Bar LLC's Complaint is OVERRULED. Defendant Arthur Page and Defendant Arthur Page Company LLC's Motion to Strike Portions of the Complaint is DENIED as to Complaint paragraphs 101-104, punitive damages under the second and fifth causes of action, and attorney's fees; MO...

Excerpt: ...as to the third cause of action; and OVERRULED as to the fifth cause of action. Introduction Defendant Shellpoint Mortgage Servicing (Defendant) demurs to Plaintiff Robert Allen's (Plaintiff) First Amended Complaint (FAC.) Defendant demurs to the first cause of action (COA) for Civil Code section 2923.6 violation, the second COA for Civil Code section 2924.10 violation, the third COA for negligence, the fourth COA for Business and Professions Cod...

Excerpt: ...re section 998 offer costs. Defendant requests $5,887.72. Plaintiffs Rashyn Reynolds et al. have not filed an Opposition which was due on August 24, 2022. Discussion The trial court may require a plaintiff, who does not accept a valid pretrial offer to compromise and then fails to obtain a more favorable judgment, to pay a defendant's reasonable post offer expert witness costs. (Code Civ. Proc. sec. 998; Auburn Woods I Homeowners Association v. S...

Excerpt: ...nt, LLC's alternative Motion for Summary Adjudication is GRANTED in Part and DENIED in Part. The motion is GRANTED as to Issues 1, 2, 3, 4, and 5; and DENIED as to Issues 6 and 7. Defendant William Morris Endeavor Entertainment, LLC's Request for Judicial Notice is GRANTED only as to the existence of the two documents and not any facts in dispute or hearsay. INTRODUCTION Defendant William Morris Endeavor Entertainment, LLC (WME) moves for summary...

Excerpt: ... Defendant Tha Lights Global's alternative Motion for Summary Adjudication is GRANTED in Part and DENIED in Part. The motion is GRANTED as to Issues 1 and 11; and DENIED as to Issues 2 ‐ 10. Defendant Herbert Battle's Motion for Summary Judgment is DENIED. Defendant Herbert Battle's alternative Motion for Summary Adjudication is GRANTED in Part and DENIED in Part. The motion is GRANTED as to Issue 1 and 11; and DENIED as to Issues 2 – 10. Int...

Excerpt: ...ies is GRANTED in Part and DENIED in Part. The Motion is GRANTED as to Form Interrogatory 17.1 & Request for Admissions 4-6, 11‐14, 18‐21 and 23‐ 25 and otherwise DENIED. Plaintiff Upside Health, Inc.'s Motion to Compel Further Responses to Special Interrogatories is GRANTED in Part and DENIED in Part. The Motion is GRANTED as to Special Interrogatory 16, 17, 24, 25, 34‐36, 43‐46 and otherwise DENIED. Plaintiff Upside Health, Inc.'s Mot...

Excerpt: ...erefore, responding party should have answered 50.1(b), (c), (d), (e), and (f). Responding party indicates that there were oral agreements. As to 50.1(b) responding party has not identified the dates of the agreements. Otherwise, the supplemental responses are satisfactory. Responding party is to provide a supplemental response to 50.1(b) as to dates of the agreements. 50.2 This interrogatory asks if there was a breach of any agreement in the ple...

Excerpt: ...t and DENIED in Part. The request is GRANTED as to the original Complaint's Exhibit A but not as to any hearsay or facts in dispute; and DENIED as to Exhibits 1 & 2. Plaintiff Stone LLP's Evidentiary Objections against the Declaration of John Nagle are ruled upon separately. Introduction Defendants Patricia and Edward Strucke (collectively “Defendants”) demur to Plaintiff Stone LLP's (Plaintiff) First Amended Complaint (FAC.) The demurrer pla...

Excerpt: ...tor Holdings, LLC dba Vertical Companies' Motion to Strike is GRANTED in Part and DENIED in Part. The motion is GRANTED WITHOUT LEAVE TO AMEND as to the Penal Code citations and DENIED as to punitive/exemplary damages. Defendants to answer within 20 days. Introduction Defendants NCAP2, LLC; Todd Kaplan; Smoke Wallin; NCA Management Co., LLC; and Medical Investor Holdings, LLC dba Vertical Companies (collectively “Defendants”) demur to Plainti...

Excerpt: ...te order ruling on these objections. Objections by Hart filed 8/12/2022 to Decl. of Williams - there is a separate order ruling on these objections. Objections by Jackson filed 8/12/2022 to Decl. of Sabbag - there is a separate order ruling on these objections. Objections by Hart filed 8/12/2022 to plaintiff's RJN - there is a separate order ruling on these objections. Objection by Jackson filed 8/12/2022 to Opposition - Denied/Overruled. The cou...

Excerpt: ...oss-Defendant Hakop Jack Erzrumyan's Motion for Summary Judgment against Cross-Complainant Allen Hershberg and Generation TS FBO Allen Hershberg IRA 2750's First Amended Cross-Complaint is DENIED. Cross-Defendant Hakop Jack Erzrumyan's Motion for Summary Adjudication against Cross-Complainant Allen Hershberg and Generation TS FBO Allen Hershberg IRA 2750's First Amended Cross-Complaint is GRANTED in Part and DENIED in Part. The Motion is GRANTED ...

Excerpt: ... be issued by the court or by an attorney. The subpoenas are ineffective. Ms. Weischadle designated herself as the deposition officer which is prohibited by CCP section 2020.420. Finally, the subpoenas are required to be served in person. These were served by email. Ms. Weischadle was asked to withdraw the subpoenas to avoid the expense involved in the defense having to seek a motion to quash but she refused to do so. Even if the one day deadline...

Excerpt: ...days. Introduction Defendant Shahrokh Mokhtarzadeh, a PLC (Defendant) demurs to Plaintiff Veritext LLC's (Plaintiff) Complaint. Defendant's demurrer places into issue all three causes of action (COA): breach of contract, breach of contract and common counts. Plaintiff has not filed an opposition and presumed to be conceding to the Demurrer. Discussion Defendant argues that the three COAs fail to allege sufficient facts and are all barred by the s...

Excerpt: ...O AMEND. Defendants Karim Chamie and Cynthia Chamie's Motion to Strike Portions of the First Amended Complaint is DENIED. Defendants to answer within 20 days. Defendants Karim Chamie and Cynthia Chamie's Request for Judicial Notice is GRANTED but not as to any hearsay or facts in dispute. OTHER ORDERS: CMC is continued to 11/8/2022 at 8:30 a.m. in Dept. T. Meet and confer per CRC 3.724 and 3.727 is REQUIRED prior to the CMC. Counsel are ordered t...

Excerpt: ...ed the present action by filing a “Verified Complaint for Breach of Contract (Continuing Guarantee)” against Bruce Gray (“Defendant”) and Does 1 through 50. Plaintiff's Complaint alleges a single cause of action for “Breach of Contract” against Defendant. Plaintiff's operative Complaint alleges, on approximately June 21, 2016, Plaintiff entered into a Promissory Note with non-party NSHE CA Bulls, LLC (“None-Party NSHE”). (Compl., ...

Excerpt: ...se ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code Civ. Proc., § 1005(b).) “[I]f notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California . . . .” (Id.) CCP section 1010.6 provides that “[a...

Excerpt: ...ed in Defendant/Cross-Complainant FaceCake Marketing Technologies, Inc.'s (“FaceCake”) cross-complaint pursuant to CCP § 425.16. FaceCake's cross-complaint asserts causes of action for (1) abuse of process – wrongful attachment and (2) fraud – intentional misrepresentation. 2. Request for Judicial Notice Hagen requests judicial notice of the webpages retrieved from FaceCake's website pursuant to CCP § 452(h). The Court finds webpages fr...

Excerpt: ...fendants' Objections are all SUSTAINED on grounds of hearsay, lack of foundation and lack of personal knowledge. 1. INTRODUCTION Defendants Jack Vaughn, Esmeralda Hernandez, Wayne Hart, Carlos Rodriguez, and Ernest Johnson (“Defendants”) move for summary judgment (MSJ) or alternatively summary adjudication (MSA) against the Third Amended Complaint (“TAC”). The issues presented in the summary adjudication motion are as to the first cause o...

Excerpt: ...e request of plaintiff, of the Grant Deed 03 2769799 on the property located at 7039 Andasol Ave., Van Nuys CA 91406. DISCUSSION: The MJOP states that the complaint, on its face, fails to state sufficient facts to constitute any cause of action against defendant and then goes on to cite the entirety of the MJOP statute, CCP sec. 438. However, the grounds for the MJOP are later stated to be as follows: "The Marital Settlement Agreement referenced ...

Excerpt: ...ed and the court awards costs in the sum of $5,893.58 in favor of plaintiff and against all defendants, jointly and severally. DISCUSSION: Attorneys' fees are properly awarded pursuant to Civil Code section 1717(a), which provides: "In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing par...

Excerpt: ...the plaintiff's interest in the litigation. 120 days from the date of hearing is 11/10/2022. July trial is set 11/7/2022 at 9:30 a.m. Jury fees or a signed order for waived jury fees is due no later than 30 days before trial. Final Status Conference is set 10/28/2022 at 8:30 a.m. Parties are to file a joint exhibit list, joint witness list, joint statement of the case, separate proposed verdict form, joint proposed jury instructions fully edited,...

Excerpt: ...AINED WITHOUT LEAVE TO AMEND as to fourth and eleventh causes of action; and OVERRULED as to the second, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth causes of action, and the Statute of Limitations argument. Cross‐Defendant Aliasghar Khatibi's Motion to Strike Portions of the Second Amended Cross‐ Complaint is MOOT as to punitive damages under the first cause of action; GRANTED WITH 20 DAYS LEAVE TO AME...

Excerpt: ...discovery under CCP section 2017.220. Defendant failed to do so. The motion and the reply papers fail to address the CCP section 2017.220 issues, despite being raised in the opposition. Even if the court were to treat this motion as a CCP section 2017.220 motion, which is not referenced in any respect in the notice of motion or in the points and authorities in support or in the reply, the requirements of CCP section 2017.220(a) are not met for re...

Excerpt: ...12/10/2022 hearing. The court will require written orders stating specifically what is being granted and being denied. Plaintiffs to provide orders on their motions and defendant to provide orders on its motions which must state with specificity what is being ordered (i.e., cannot say "Motion in Limine No. 6 is granted.") The order must spell out exactly what the court is allowing or not allowing. The language must be specific enough to enforce. ...

Excerpt: ...alisha Porter (Plaintiff) moves for summary judgment (MSJ) and alternatively moves for summary adjudication (MSA) on the grounds that Defendant Pharmavite, LLC (Defendant) “presented no genuine affirmative actions [sic] to Plaintiffs claim.” (Notice to MSJ/MSA pg. 2:9.) Procedure Defendant asserts that the MSJ/MSA is untimely in violation of the rule requiring MSJ/MSA's to be heard 30 days prior to the trial date. (Code Civ. Proc. sec. 437c(a...

Excerpt: ... is DENIED. Introduction On May 31, 2022, Plaintiff Arvis Ash (Plaintiff) filed a brief titled “Response to the Denial Judgment to Vacate Settlement Agreement and Request for a New Trail [sic] based on Evidence Never Argued or Revealed at the Trail [sic] Hearing on March 21, 2022.” Defendant Grace Greens #1 Homeowners Association (HOA), Defendant S.B.S. Lien Services dba Valley Financial (SBS) and Robert Devough (Devough) (collectively Defend...

Excerpt: ...o the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the fourth cause of action; OVERRULED as to the fifth, sixth and seventh causes of action. Defendants' Lilach Basson, Compass California, Inc., and Kathy Mehringer's Motion to Strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to punitive damages requested under the first and third causes of action specifically as to Compass California, Inc. and as to attorneys' fees under the seventh c...