Excerpt: ...rily dismissed on April 13, 2022) and Eliza's first COA for partition in Eliza's Cross-Complaint Eliza requested fees under Code of Civil Procedure section 874 010 in the amount of $206,370 00 Disc ussion Eliza requested her attorneys' fees on the partition action and asserted to be the prevailing party (Code Civ. Proc. secs_ 874.010 & 874.040.) It is undisputed that the partition claims both in the Complaint and Cross-Complaint have been resolve...

Excerpt: ...ay discovery pending criminal case. The ex parte hearing was held on February 8: 2023. The matter was ultimately heard on March 21, 2023, and the Court temporarily stayed all proceedings. The matter was re-scheduled for the instant hearing. The Court noted that on July 22, 2022, Plaintiffs motion to stay proceedings was granted and the action was stayed for 180 days pending the criminal case against Plaintiff Disc ussion Preliminarily, the Coun n...

Excerpt: ....m. Mandatory appearance unless case is dismissed or judgment has been entered. Introduction Defendant Hi-Tech Builders: Inc. (Defendant) moved to compel arbitration and stay the action filed by Plaintiff Jiao Jiao Fu (Plaintiff) Disc ussion Defendant submitted that Plaintiff s claims are covered under the construction contract's arbitration agreement. (Motion, Exh_ A, pg. 5, par. 2.) With the attachment: Defendant met its initial burden to show ...

Excerpt: ...and denied Defendant's separate motions to compel arbitration and motion to stay Plaintiff s action. The prior motions were filed on January 3: 2023 Procedure Plaintiff objected to the instant motions and argued that they are actually motions under Code of Civil Procedure section 1008 (Section 1008.) Specifically, Plaintiff asserted that the instant motions are motions for reconsideration (Code Civ. Proc. sec. 1008(a)_) Section 1008 authorizes tw...

Excerpt: ...ed to Plaintiff David White's First Amended Complaint (FAC_) Defendants' demurrer placed into issue all six causes of action (COA) alleged in the FAC. Defendants' moved to strike portions of the FAC Defendants' motion placed into issue certain allegations and the request for punitive damages. The Reply was due April 17 2023 It was filed without an explanation as to the late filing on 4/19/2023 _ The Reply is not considered. Disc ussion Defendants...

Excerpt: ... Complaint (FAC.) This matter was continued by the Court for the parties to submit supplemental briefing on the recently released Second District Court of Appeal's case, Martha Ochoa v. Ford Motor Company [And four other cases.] (Apr. 4, 2023, B312261) __ Cal.Rptr.3d __ [2023 WL 2768484] (Ford Motor Warranty Cases or FMWC.) Both parties submitted their supplemental briefs. Discussion Defendant argued that the Court should follow the reasoning of ...

Excerpt: ...ion to the motion was inadvertently not been timely filed. (It was filed on 3/7/2023.) Plaintiff had prior to the hearing filed late the “Declaration of Matthew Joy Re Plaintiff Rosa Paniagua Gonzalez's Evidence in Opposition to Defendant The Universal Church, Inc.'s Motion for Summary Judgment” along with a declaration of attorney error. The court heard oral argument and took the matter under submission. In the court's ruling on the submitte...

Excerpt: ...y moved to quash the service of Plaintiff SRI, LLC's (Plaintiff) summons and complaint. Discussion “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove … the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) A filed proof of service creates a rebuttable presumption that service was proper, if it com...

Excerpt: ...on. Procedure Defendant argued that Martha Ochoa v. Ford Motor Company [And four other cases.] (Apr. 4, 2023, B312261) __ Cal.Rptr.3d __ [2023 WL 2768484] (Ford Motor Warranty Cases or FMWC) is not citable because it is not final until 30 days after filing. (Cal. Rules of Court, rule 8.264.) However, finality of the opinion does not determine whether the opinion is citable and considered stare decisis. Once an opinion is published it may be cited...

Excerpt: ...-Desai's Request for Judicial Notice is DENIED as to Exhibits 9, 17, and 20 and otherwise GRANTED but not as to any hearsay or facts in dispute. Plaintiffs Veronica Lopez and Gerardo Figueroa's Request for Judicial Notice is GRANTED but not as to any hearsay or facts in dispute. Introduction Defendants Normandie Wilshire Retirement Hotel, Inc., and Vandana Dhawan-Desai (collectively, Defendants) moved for judgment on the pleadings against Plainti...

Excerpt: ...nela Jenkins a/k/a Diana Jenkins ("Plaintiff"). Pursuant to Code of Civil Procedure section 425.16(g), discovery was stayed pending the Court's ruling on Defendant's motion. Plaintiff now moves to conduct specified discovery. Discussion A court may grant a continuance of an anti-SLAPP motion to allow discovery for good cause. (Code Civ. Proc. § 425.16(g).) "To establish good cause, the plaintiff must file a noticed motion identifying the specifi...

Excerpt: ...for monetary sanctions against defendants Diamond Professionals International and Joselyn Soble, jointly and severally, is granted in the sum of $2,000 for the fees incurred for the ex parte application on 4/4/2023 and a small portion of this motion to seek sanctions. The bulk of this motion was unnecessary to achieve any legitimate discovery goal. Monetary sanctions of $2,000 are ordered to be paid by 5/12/2023 by defendants to the Client Trust ...

Excerpt: ...664.6 is GRANTED. Judgment is ordered in favor of plaintiff Creditors Adjustment Bureau, Inc. and against defendant SILVESTRE BAUTISTA TORRES AKA SILVESTRE TORRES AKA SILVESTRE B TORRES DBA SILVER ROOFING in the sum of $37,765.61. 1. Introduction This is an action for breach of a promissory note. Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) is the assignee of certain debt owed to the State Compensation Insurance Fund. Plaintiff a...

Excerpt: ...he Mirsalimi Family Trust Dated May 31 2011 ("Mirsalimi") and Shararn Salmasizadeh, Trustee Of The Shafa Trust Dated February 19, 2 2019 ("Salmasizadeh") (collectively "Defendants") demur to the second, fourth, and ninth causes of action in Plaintiff Erin Hick' s ("Plaintiff') Complaint 2. Discussion a. Private Nuisance ' 'Anything which is injurious to health: including, but not limited to: the illegal sale of controlled substances, or is indece...

Excerpt: ...nd not as to the facts in dispute. Introduction Plaintiff Richard Walker moved for $71,683.50 in attomeys' Defendant Hyundai Motor America (Defendant.) Procedure fees against Plaintiff requested judicial notice of other Coun orders related to attorney fees in other lemon law actions. However, the Court's rulings as to what was deemed to be a reasonable rate for attomeys' fees in those cases are presented to support a disputed fact in the instant ...

Excerpt: ...omplainant John R. Mahoney's (Cross-Complainant) Cross-Complaint (XC_) Cross-Defendant's demurrer placed into issue the second cause of action (COA) for negligence, the third COA for fraud, the founh COA for indemnity, and the fifth COA for estoppel_ Disc ussion Cross-Complainant's second COA for negligence alleged that Cross-Defendant had a duty to "disburse loan proceeds to ENTRON only as consistent with the progress of the completion of the sy...

Excerpt: ...The essence of a premises liability claim is that there was negligence or some other wrongftl act on premises causing injury to plaintiff, not damages to property. See, CACI 1000, Premises Liability Damages to property is an element of damages attached to a primary right FIFTH COA (UNJUST ENRICHNIENT): Sustained without leave to amend. "[U]njust enrichment is not a cause of action. Rather, it is a general principle underlying various doctrines an...

Excerpt: ...oduction Plaintiff Tatevik Serobyan (Plaintiff) demulTed to Defendant Suzanna Soriano' s (Defendant Answer. Plaintiffs demurrer placed into issue all eleven Affirmative Defenses (AD) alleged in Defendant's Answer Disc ussion Plaintiff argued that all eleven ADS failed to allege sufficient facts and were uncertain. Plaintiff åurther argued that the ADS failed to state which causes of actions (COA) the defense responds to. Although the ADS did not...

Excerpt: ...swer due in 20 days. Defendant General Motors LLC's Motion to Strike Portions of the First Amended Complaint is MOOT. Introduction Defendant General Motors LLC (Defendant) demurrer to Plaintiff Hector Sanchez's (PlaintifO First Amended Complaint (FAC) Defendant placed into issue the fourth cause ofaction (COA) for fraudulent inducement - concealment. Defendant moved to strike the request for punitive damages in the FAC's Prayer paragraph 6. Plain...

Excerpt: ...chi 's Request for Judicial Notice submitted with the Demurrer is GRANTED but not as to any hearsay or facts in dispute. Defendants Forouzandeh Makarehchi and Tannaz Makarehchi's two Requests for Judicial Notice submitted with the Reply are DENIED due to relevance. Introduction Defendants Forouzandeh Makarehchi (Forouzandeh[l]) and Tannaz (Tannaz) Makarehchi (collectively, Defendants) demurred to Plaintiffs Leila Javadpour (Javadpour) and Taraneh...

Excerpt: ...ourt issues its tentative rulings: 4. 6. The court does not approve of omnibus motions which do not refer to any specific topics or documents. The answer to this motion is "it depends." It depends on what was asked, what was answered, whether a motion to compel was made, and/or whether the court ordered further responses. Having not specific any particular witness deposition, or discovery request and response, the court cannot review this motion ...

Excerpt: ...ckman (Chief Operating Officer), Scott Heckman (Chief Executive Officer), and Todd Heckman (President) (collectively Deponents.) Disc ussion ' '[W]e hold that when a plaintiff seeks to depose a corporate president or other official at the highest of corporate management: and that official moves for a protective order to prohibit the deposition: the trial court should first determine whether the plaintiff has shoun good cause that the official has...

Excerpt: ... Thomas Petrou's separate Motions for Summan Judgment and alternative Motions for Summary Adjudication are DENIED. Plaintiffs H.L Doe and CH. Doe 's Request for Judicial Notice is GRANTED as to the pleadings existence but not as to any hearsay orfacts in dispute. 1. INTRODUCTION Defendants The Hype House LLC (THH) and Thomas Petrou (Petrou) (collectively, Defendants) separately moved for summary judgment (MSJ) or altematively for summary adjudica...

Excerpt: ... Defendant State Farm General Insurance Company (Defendant) moved for summary judgment (MSJ) and alternatively for summary adjudication (MSA) against Plaintiffs Paul and Nina Caslavka (Plaintiffs) Complaint. Defendant's MSA asserted three issues: 1) Plaintiffs cannot establish a breach of contract cause of action (COA) because there is no breach of contract; 2) Plaintiffs cannot establish a breach of the implied covenant of good faith and fair de...

Excerpt: ...Tannaz Makarehchi's Request for Judicial Notice submitted with the Demurrer is GRANTED but not as to any hearsay or facts in dispute. Defendants Forouzandeh Makarehchi and Tannaz Makarehchi's two Requests for Judicial Notice submitted with the Reply are DENIED due to relevance. Introduction Defendants Forouzandeh Makarehchi (Forouzandeh[1]) and Tannaz (Tannaz) Makarehchi (collectively, Defendants) demurred to Plaintiffs Leila Javadpour (Javadpour...