Excerpt: ... of the covenant of quiet enjoyment; the Third COA for breach of the warranty of habitability; Fourth COA for violation of Civil Code section 1940.2; the Sixth COA for negligence; the Seventh COA for private nuisance; the Eighth COA for Fair Employment and Housing Act (FEHA) violation; the Eleventh COA for aiding and abetting tort; the Twelfth COA for Unruh Act violation; the Thirteenth COA for fraud; and the Fourteenth COA for intentional inflic...

Excerpt: ...s LLC (Defendant) demurred to Plaintiff Ngoc Fuhr's (Plaintiff) Complaint. Defendant's demurrer placed into issue the first cause of action (COA) for fraudulent concealment and misrepresentation, the second COA for negligent misrepresentation, and the third COA for Violation of the Unfair Competition Law (UCL). Defendant's motion to strike moved against Plaintiff's request for punitive damages. Discussion As to the first COA for Concealment Fraud...

Excerpt: ...aw Firm, APC and Fahim Farivar in the amount of $2,500.00, jointly and severally. Introduction Cross-Complainant Richard Khatibi's (Khatibi) motion sought relief under two separate statutes: Code of Civil Procedure section 1008 (Reconsideration Motion) and section 473(b) – discretionary provision (Set Aside Motion). The instant motion placed into issue the Court's May 3, 2023 order (Order) on Khatibi's March 27, 2023 motion to compel further re...

Excerpt: ...Melkonyan's (collectively, Plaintiffs) Complaint. Plaintiffs' Complaint alleged two causes of action (COA) for general negligence and motor vehicle negligence. Defendant's demurrer placed into issue both COAs. Plaintiffs submitted that the two claims are grounded on common law negligent entrustment and statutory permissive use/imputed liability. (Veh. Code, sec. 17150.) Discussion Defendant argued that there is insufficient fact pleading as to bo...

Excerpt: ...o produce the documents as set forth below by delivering a true, legible, and durable copy of the business records described in Exhibit A below, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to Deanna J. Lucci, Esq., Duane Morris LLP, 750 B. Street, Suite 2900, San ...

Excerpt: ...Paragraph 11, and portions of Paragraph 12 of the Complaint. Discussion The Complaint alleges that Plaintiff's predecessor in interest and Defendant entered into a residential Lease Agreement. (Compl. 6, Ex. A.) Plaintiff alleges that Defendant failed to pay rent for November 2022 through February 2023, and vacated the property without notice. (Compl. 10.) These allegations are sufficient to state a cause of action for Breach of Lease Agreement. ...

Excerpt: ... state facts sufficient to state a cause of action against Defendant. Defendant moves to strike certain paragraphs in the FAC that allege racism and punitive damages, on the grounds that these allegations are unsupported by a factual showing of malice, oppression, fraud, or racism, and the language is irrelevant, false, improper, and includes conclusions not supported by facts. Discussion Defendant demurs to the second cause of action for breach ...

Excerpt: ... state facts sufficient to state a cause of action against Defendant. Defendant moves to strike certain paragraphs in the FAC that allege racism and punitive damages, on the grounds that these allegations are unsupported by a factual showing of malice, oppression, fraud, or racism, and the language is irrelevant, false, improper, and includes conclusions not supported by facts. Discussion Defendant demurs to the second cause of action for breach ...

Excerpt: ... Cross-Complaint against LB Property Management, Inc., Aryeh Hoffman, dba Prime Group Realty, LLC, and NAPCO, LLC for (1) breach of contract; (2) express indemnity; (3) equitable indemnity; (4) contribution; (5) declaratory relief; (6) breach of contract; and (7) declaratory relief. On June 17, 2021, Plaintiff NAPCO, LLC amended the Complaint to add Yehuda Rafael, dba Prime Group Realty ("Rafael"). On June 29, 2021, Cross-Complainants amended the...

Excerpt: ... Cross-Complaint against LB Property Management, Inc., Aryeh Hoffman, dba Prime Group Realty, LLC, and NAPCO, LLC for (1) breach of contract; (2) express indemnity; (3) equitable indemnity; (4) contribution; (5) declaratory relief; (6) breach of contract; and (7) declaratory relief. On June 17, 2021, Plaintiff NAPCO, LLC amended the Complaint to add Yehuda Rafael, dba Prime Group Realty ("Rafael"). On June 29, 2021, Cross-Complainants amended the...

Excerpt: ...action for quantum meruit 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) cau...

Excerpt: ...action for quantum meruit 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) cau...

Excerpt: ...ynoso are ORDERED to file an Answer to the First Amended Complaint within 20 days. Introduction Defendants Don Chava Foods, Inc. (Don Chava,) Daniel Reynoso (Daniel ,) Christian Reynoso (Christian,) and Humberto Reynoso (Humberto) (collectively, Defendants) moved to strike portions of Plaintiff Christine Rocha (Plaintiff) First Amended Complaint (FAC.) The motion placed into issue Plaintiff's second cause of action (COA) for conspiracy to defraud...

Excerpt: ...request, and that the account Defendant opened has an outstanding amount which is due. On August 23, 2023, Defendant filed a motion to compel arbitration, which was granted in part on October 19, 2022. The Court granted Defendant's motion according to the terms of the arbitration agreement and denied the concurrent Request to Dismiss. On May 15, 2023, Defendant filed this instant motion to compel payment of arbitration fees. To date, no oppositio...

Excerpt: ...ust Account of BOUCHER LLP 21600 Oxnard Street, Suite 600 Woodland Hills, California 91367-4903 by 8/11/2023. 2. The Plaintiff's Motion to Deem Requests for Admission Set Two Admitted is GRANTED. Monetary Sanctions are GRANTED against Defendant in the amount of $1692.50. Monetary sanctions shall be paid by Los Angeles Unified School District to the Client Trust Account of PEARSON WARSHAW, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, Calif...

Excerpt: ...mmissions, income, salary and all rights to payment thereunder earned from Raymond Ghermezian, Esq. and his firm, Raymond Ghermezian, APC (collectively, Ghermezian), to the Assignees to the extent necessary to pay the Assignees' judgment in full, including accrued interest through the date of payment, and (2) for an order restraining Khoei and any other person acting on behalf of Khoei from encumbering, assigning, disposing of, or spending the co...

Excerpt: ...per se as alleged in the Complaint filed by Plaintiffs Leila Javadpour and Taraneh Bolourchian (collectively, "Plaintiffs"). Discussion Defendants asserts that there is no triable issue of material fact concerning Plaintiffs' claim for libel because the statements made by each defendant were true as evidenced by the judicial determination made in Audrey Parker v. Leila Javadpour Orange County Superior Court case No. 30-2022-01283172 ("Elder Abuse...

Excerpt: ...dina, Xavier Cisneros, a minor, Jacob White, Jr., a minor, and Jaxson White, a minor's leave to amend is limited to curing the defects identified and not to add new causes of action. Defendants Lanark Court Apartments, Statewide Management, Inc., Mireya Arellano, Karla Galo, and Iris Abrham's Motion to Strike Punitive Damages is MOOT as to the first cause of action for battery and DENIED as to the third cause of action for intentional infliction ...

Excerpt: ...epresentation; (3) Promissory Estoppel; and (4) Unlawful Competition, Business & Professions Code sections 17200, et seq. On June 20, 2023, Plaintiffs filed an ex parte application for an Order to Show Cause Re: Preliminary Injunction to Enjoin Trustee's Sale of Real Property and for Temporary Restraining Order. On the same day, the Court granted Plaintiffs' ex parte application and scheduled the Order to Show Cause Re: Preliminary Injunction for...

Excerpt: ...ibits B, C, and D; and GRANTED as to Exhibits I and J. Introduction Defendant Nissan North America, Inc. (Defendant) moved to compel arbitration and stay Plaintiff Ivan Ramirez's (Plaintiff) action. Discussion At issue is whether Defendant met their initial burden to show the existence of an arbitration agreement. Defendants can meet their initial burden to show the existence of an arbitration agreement under Code of Civil Procedure section 1281....

Excerpt: ...ed under the first four causes of action and MOOT as to punitive damages requested under the fifth cause of action for fraud concealment. Introduction Defendant General Motors LLC (Defendant) demurred to Plaintiff Amir Balouch's (Plaintiff) Complaint. 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 ...

Excerpt: ...st Account of Nita Law Firm, 3055 Wilshire Blvd., Suite 450, Los Angeles, CA 90010 pursuant to CCP section 2023.010, discovery abuse without substantial justification. 3. Plaintiff's Motion to Compel defendant Hyundai North America as to SROG 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52, 54, 55: GRANTED. VERIFIED ANSWERS WITHIN 20 DAYS. SROG 49, 53: DENIED. OVERBROAD, COMPOUND, SEEKS ATTORNEY CLIENT AND ATTORNEY WORK PRODUCT PRO...

Excerpt: ... Moreno, and Nicholas Mariano Moreno's (Mariano ), individually (collectively, Plaintiffs). Discussion Whether under Federal or California law, trial courts must decide the first gateway issue of whether an enforceable arbitration agreement exists between the parties. (9 U.S.C. sec. 2; Code Civ. Proc. sec. 1281.2.) It is the Court's responsibility to determine whether the parties agreed to arbitrate the matter. (9 U.S.C. sec. 4; Code Civ. Proc. s...

Excerpt: ...dence. Plaintiff requested: (1) Monetary sanctions in the amount of $10,000; (2) Issue sanctions establishing that Ms. Soble deleted her text messages to avoid producing evidence that Mr. Terrell asked her to stop sexually harassing him; (3) Evidentiary sanctions precluding Ms. Soble from introducing evidence to argue that her spoliation was unintentional; (4) A jury instruction pursuant to CACI 204; and (5) A special jury instruction stating tha...

Excerpt: ...to allege proper licensure to support his claim for compensation. (Bus. & Prof. Code, sec. 7031; MW Erectors, Inc. v. Niederhauser Ornamental & Metal Works Co., Inc. (2005) 36 Cal.4th 412.) Defendant's reliance upon the Class C-8 Concrete Contractor specialty classification in the California Code of Regulations, title 16, section 832.08 is unpersuasive because Defendants' argument used the word “pour” in the specialty classification out of co...