Excerpt: ...on under California law. Objections were made to the production of these records. It would have been expected that a protective order for mental health information would have been entered into. The court has the obligation to follow the law. Accordingly, in the absence of other agreements, the court limited use of the mental health treatment information. The court is satisfied that the protective order issued was warranted and authorized by the l...

Excerpt: ... (collectively, Plaintiffs) First Amended Complaint (FAC.) Defendant's motion placed into issue the three causes of action (COA) for malicious prosecution, financial elder abuse, and abuse of process. Discussion Defendant argued that the claims in the FAC are protected conduct under the right to petition. Plaintiffs' malicious prosecution and financial elder abuse COAs are grounded on Defendant's Underlying Action's second through sixth COAs for ...

Excerpt: ...ed. Introduction Cross-Defendants Rodeo Realty, Inc., and Leo McHale (collectively, Cross-Defendants) moved to strike portions of Cross-Complainant Dorothy A. Schwartz, as trustee of the Stephen and Dorothy Schwartz Living Trust's (Cross-Complainant) Cross-Complaint (XC). The motion placed into issue Cross- Complainant's request for treble damages, general damages, and attorneys' fees. Discussion Cross-Defendants argued that Cross-Complainant fai...

Excerpt: ...d Memorandum of Costs (Memo) filed on December 12, 2022. Procedure Cross-Complainant argued that the motion to tax costs (Motion) is untimely. The Motion is required to be filed within 15 days (plus 5 days for mailing) of service of the Memo. (Cal. Rules of Court, rule 3.1700.) Prior to the original December 30, 2022, deadline, Cross-Defendant (including Plaintiff Janna Beyder, individually and as trustee) sought and was granted an extension for ...

Excerpt: ...ung Lee, DDS, Inc.'s Motion to Strike Punitive Damages is MOOT. Introduction Defendants James Jaehyung Lee and James Jaehyung Lee, DDS, Inc.'s (collectively, Defendants) demurred to Plaintiff Topanga & Victory Partners, L.P.'s (Plaintiff) First Amended Complaint (FAC). Defendants' demurrer placed into issue all five causes of action (COA). Defendants' motion to strike sought to strike Plaintiff's request for punitive damages. Discussion Under the...

Excerpt: ... to file a First Amended Cross-Complaint in the instant lead action (Salinas), as well as three consolidated actions – Mejia et al. v. Transit Systems Unlimited, Inc., et al. (Case no. 19STCV41643, Mejia), Urciel v. Transit Systems Unlimited, Inc., et al. (Case no. 20STCV39458, Urciel), and Lemus v. Transit Systems Unlimited, Inc. (Case no. 19STCV44511, Lemus). Church is requesting to add three new causes of action (COA) for breach of contract,...

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: ...f action (COA) for negligent repair alleged in Plaintiffs Saul and Samuel Vargas' (collectively, Plaintiffs) Complaint. Discussion Defendant argued that the third COA for negligent repair is barred by the economic loss rule and failed to plead supportive facts as to the element of damages. Plaintiffs' Complaint alleged that Defendant breach included the failure to “properly store, prepare and repair” the vehicle. (Compl. par. 42-43.) However,...

Excerpt: ...'s Motion to Dismiss is GRANTED. Galpin Defendants' objections to Exhibits A-D to Mr. Yadegeri's supplemental declaration are sustained. Objections to the Goldwater Declaration appear in a separate document. Introduction Defendant Ford Motor Company (FMC or Defendant) moved to dismiss Plaintiffs Michael Yadegari and Scott Goldwater's (collectively, Plaintiffs) First Amended Complaint (FAC) for lack of jurisdiction. The motion to dismiss was origi...

Excerpt: ...ion (MSA) as to the 1st cause of action (COA) for fraud, the 2nd COA for false representation, 3rd COA for negligent misrepresentation, 4th COA for concealment, 5th COA for intentional infliction of emotional distress (IIED), 6th COA for gross negligence , and 7th COA for insurance fraud. DISCUSSION Defendant argues that there is no triable issue of material fact as to any of the seven causes of action and that summary judgment should be granted ...

Excerpt: ...punitive damages requested 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 Kuimars Khalili'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 ...

Excerpt: ...WITH 20 DAYS LEAVE TO ALMEND as to the punitive claims ONLY and otherwise DENIED Introducti on Defendants Reza Momeni (Momeni) and Reza Ghazi (Ghazi) (collectively, Defendants) demurred to Plaintiff Matthew Modaraei's (Plaintiff) First Amended Complaint (FAC_) Defendants' demurrer placed into issue the sixth cause of action (COA) for fraud intentional misrepresentation and seventh COA for fraud — concealment Defendants moved to strike the sixth...

Excerpt: ...oss-Complainant Elly Nesis Company: Inc.: and Elihu S. Nesis' (collectively, ENCO) Cross-Complamt and altematlvely moved for summary adjudication (MSA) against the second cause of action (COA) for express indemnity the third COA for equitable indemnity, die COA for contribution, and die fifth COA for declaratory relief. Procedure "[T]he specific cause of action, affirmative defense: claims for damages, or issues of duty must be stated specificall...

Excerpt: ...el. On 4/4/2023 at 10:27 a.m., plaintiffs counsel sent an email letter of representation to both defense counsel. On 4/4/2023 at 12:05 p.m., default was entered. On 4/5/2023 at 9:57 a.m., plaintiffs counsel emailed both defense counsel and stated that he noticed that a default was filed 4/4/2023 and reminded that he had advised them ofhis representation before default was entered, then asked plaintiff to stipulate to set aside the default. On 4/5...

Excerpt: ...f the examinee is a recognition of the fact that sometimes it is necessary to do so. Mr. Goren's main objection is he shares responsibilities with the mother of his two children, ages 7 and 6 and that "I run the risk of motions being filed against me changing joint custody if I miss any time with my children. " He give no explanation why he would lose joint custody of his children if required to by court order to travel to Califomia for 3 days fo...

Excerpt: ...ely, Defendants.) Plaintiffs reply was due May 15, 2023 but none was filed. Discussion Plaintiff has the initial burden to show that a valid arbitration agreement exists and that the claims at issue fall within it (Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677, 687.) Plaintiff submitted the signed Commission Agreement which contains an arbitration provision. (Plaintiff Decl. pars. 15, 17-21; Slade Decl.par. 5,...

Excerpt: ...tial justification per CCP section 2033.280 in the sum of $1,060 payable by check or money order to the Client Trust Account of Shaver, Korff & Castronovo LLP, 16255 Ventura Blvd., Suite 850, Encino, CA 91436 no later than 6/9/2023. No sanctions against plaintiffs counsel as there is no evidence that he engaged in discovery abuse. It was not sanctionable conduct for him to explain why he should not be sanctioned. Hearing on Motion to Compel Disco...

Excerpt: ...omero's (PlaintifO Complaint LMGI's MSA moved against all three causes of action (COA) alleged in the complaint: 1) motor vehicle, 2) general negligence: and 3) negligent hiring, retention, and superviston_ DefendantDoe 2 Laseraway Holdings, LLC (LAH) separately filed an against Plaintiffs Complaint. LAH's MSA also moved against all three COAs in the Complaint LMGI and LAH are collectively referred to as "Defendants." On May 2, 2023, Plaintiff fi...

Excerpt: ...tice is GRANTED as to the documents existence but not as to hearsay or facts in dispute. Introduction Defendant Bank of America (Defendant) demulTed to Plaintiff Hassan Aminghazaei's (PlaintifO Verified Complaint (VC_) Defendant's demurrer placed into issue the three causes of action (COA) alleged-. violation of Business & Professions Code section 17200 (unlawful prong — Penal Code section 532 (theft under false pretense;)) violation of Civil C...

Excerpt: ...ser (collectively, Plaintiffs). The MSJ placed into issue the two causes of action (COA) for professional negligence Disc ussion Defendants argued that there is no triable issue of material fact as to the negligence elements of breach and causation. Summary judgment must be granted where health care providers file a supportive expert declaration establishing conduct falling within the community standard of care, and opposing parties file no confl...

Excerpt: ... and served per Code based upon the new hearing date. Defendants Don Chava Foods, Inc„ Daniel Reynoso, Christian Reynoso, and Humberto Reynoso's Requests for Judicial Notice in support of their Demurrer is GRANTED as to the existence of the documents but not as to hearsay or facts in dispute. Plaintiff Christine Rocha's Request for Judicial Notice is GRANTED as to the existence of the document but not as to hearsay or facts in dispute. Introduc...

Excerpt: ...t says that one can only make a motion to compel on the discovery discussed at an IDC, as claimed by plaintiff. 1. Defendant has requested that plaintiff identi$ every health care provider that she has seen, regardless of the reason. Plaintiff has made some objections which have no merit and those are stricken: objections vague, ambiguous, General Objections 1, 2, 3, 5, 6, 7 and 8. This motion is based on a declaration of a doctor that says he ne...

Excerpt: ...ir dealing failed to plead sufficient facts the claim sought to prohibit Defendant from doing that which is expressly permitted by the agreement (i.e., terminate the agreement for convenience.) (Carma Developers (Cal.), Inc. v. Marathon Development California, Inc. (1992) 2 Ca14th 342: 374 and Wolf v. Walt Disney Pictures & Television (2008) 162 1101) Defendant's argument relied upon the agreement's provision stating: "Termination for Convenience...

Excerpt: ...econd District Coun of Appeal opinion in Ford Motor Warranty Cases/Ochoa v. Ford Motor Company [And four other cases] (Apr. 4: 2023, B312261) 89 1324 [2023 WL 2768484] (FMWC.) Plaintiffs were ordered to file a supplemental brief by April 25, 2023: and Defendant was ordered to file a supplemental brief by May 1, 2023. Neither party filed supplemental briefing. Despite the parties failure to comply with the Court order, the Court proceeded with the...

Excerpt: ... on December 28, 2022 Disc ussion Defendant asserted that the Retail Installment Contract (RISC) entered between Plaintiffs and non-party Nissan of Van Nuys contained an arbitration agreement. Despite Defendant not being a signatory to the RISC, Defendant asserted that they could enforce the arbitration agreement against Plaintiffs through equitable estoppel doctrine and third-party beneficiary The Court exercises its discretion in following Ford...