Excerpt: ...ic Center, Inc. (“Plaintiff” or “AOC”) brought claims against Defendants California Physicians' Service dba Blue Shield of California and Blue Shield of California Life & Health Insurance Company (“Defendants” or “Blue Shield”) f or quantum meruit and breach of implied contract, and Blue Shield's cross -claims against AOC for declaratory relief, relating to 31 patient claims. Following a bench trial, the Court issued a statement o...

Excerpt: ...s loan default. Defendant previously filed two unlawful detainer actions against Plaintiffs Kasra Vahmi and Bersadeh Bagheri (“Plaintiffs”), who are currently in possession of the property. The first action, 19SMUD00192, was dismissed. This unlawful detainer action then gave rise to a malicious prosecution action filed by Plaintiffs, 20SMCV00691, which is still ongoing. Defendant subsequently filed a second unlawful detainer action, 19SMUD022...

Excerpt: ...uction secured a “job” at 4711 Berryman Ave in Culver City, California. The owner of the property at that time was 4711 Berryman LLC (“Berryman”). On September 16 2020, Plaintiff and other workers were instructed to fix some tile, pipes and grout. The work was situated on the exterior of the project about 10 feet above ground level. There was no scaffolding or ladders present. Rodriguez directed the workers to place several garbage bins i...

Excerpt: ...rovides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the court acts as a trier of fact. The court must determine whether the parties entered i...

Excerpt: ...ith Sender and requests monetary sanctions. The Motion is unopposed. ANALYSIS Motion to Compel “In California, discovery may be obtained from a nonparty through an oral deposition, a written deposition, or a deposition for the production of business records and things. (Code Civ. Proc., § 2020.010, subd. (a).)” (Board of Registered Nursing v. Superior Court of Orange County (2021) 59 Cal.App.5th 1011, 1030 (hereafter Board of Registered Nurs...

Excerpt: ....”) Plaintiff opposes and Defendants reply. LEGAL STANDARDS Per Code of Civil Procedure section 2031.060, subdivision (a), “[w]hen an inspection, copying, testing, or sampling of documents, tangible things, places or electronically stored information has been demanded, the party to whom the demand has been directed , and any other party or affected person, may promptly move for a protective order.” (Code Civ. Proc., § 2031.060, subd. (a).)...

Excerpt: ...rsity of California (“Defendant”). Defendant now demurs on the grounds that the complaint fails to state facts sufficient to constitute a cause of action, pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendant replies. ANALYSIS 1. DEMURRER - STANDARDS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (20...

Excerpt: ...wo causes of action for (1) elder abuse and (2) negligence. On December 15, 2023, the Court sustained Defendant's demurrer to the first cause of action for elder abuse on the grounds that Plaintiff did not allege specific facts demonstrating Defendant neglected Plaintiff with knowledge that injury was substantially certain or with conscious disregard of the high probability of such injury and Plaintiff did not allege any specific harm or damages ...

Excerpt: ...aling; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action were not alleged against Defendants Crawford & Company or William Ball (“Defendants”). The Court sustained Defendants' previous demurrer to the third cause of action for negligence without leave to amend on the grounds that insurers and their agents do not generally owe insureds a duty as a matter of law, and su...

Excerpt: ...mplaint (“SAC”), alleging seven causes of action for (1) breach of the covenants, conditi ons and restrictions (CC&Rs); (2) breach of contract; (3) breach of fiduciary duty; (4) negligence; (5) violation of Civil Code section 4775; (6) private nuisance; and (7) declaratory relief. Only the third and fourth causes of action are alleged against Defendant Pamela Chen (“Defendant”). Defendant demurs to the third and fourth causes of action on...

Excerpt: ...Family 2000 Living Trust; Wendy Eisler, individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to the answer and the first amended answer filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Stephen Eisler, individually and as trustee for the Eisler F...

Excerpt: ...ase and sale agreement for real property in South Carolina. The seller, Plaintiff EMRES II South Carolina, LLC (“Plaintiff”) has sought liquidated damages from purchaser, Defendant Spain Companies, LLC (“Defendant”) pursuant to the terms of the agreement. Plaintiff now moves for summary judgment. Plaintiff's motion is unopposed. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving for summary judgment bears the burden of p...

Excerpt: ... Documentary Evidence OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Waukeen McCoy 3. Declaration of Vinay Ginjupalli 4. Declaration of Marilyn E. McCullum 5. Separate Statement of Disputed Material Facts 6. Objections to Evidence REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment 2. Evidentiary Objections BACKGROUND On or about November 4, 2020, Plaintiff Peri...

Excerpt: ...f action for fraud, stemming from alleged misrepresentations Defendant made to Plaintiff concerning Defendant's financial situation to obtain more favorable lease terms. Defendant opposes the motion and Plaintiff replies. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any...

Excerpt: ...”) to access the Gold's Gym in Venice, California. On August 10, 2023, Plaintiff filed the original complaint in this action. Four days later, on August 14, 2023, Plaintiff voluntarily filed the first amended complaint, alleging three causes of action for (1) breach of Business & Professions Code section 17200; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract against Defendant and against Gold's Gym Club Hold...

Excerpt: ...ntract case arises from a dispute regarding the amount of back rent Defendants allegedly owe Plaintiff in connection with a residential property lease. On September 26, 2022, Plaintiff SM 10000 Property LLC (“Plaintiff”) brought suit against Defendants Nicolai Bergman (“Nicolai”), Amanda McDermott -Bergmann (“Amanda”), and Nicolai Bergmann KK (“Nicolai KK”). Amanda answered the complaint, but default was entered against Nicolai an...

Excerpt: ...ormance; (2) breach of contract; (3) bad faith waste; (4) fraud – intentional misrepresentation; (5) negligent misrepresentation; (6) tortious interference with contract, prospective business advantage; (7) breach of implied covenant of good faith & fair dealing; and (8) declaratory relief against Defendants DH Distribution, Inc. (“DH”); Sergey Menshikov (“Sergey”), Beverly Hi lls Escrow (“BHE”), Lucy Menshikova (“Lucy”), and La...

Excerpt: ...espondent opposes the petition and Petitioner replies. [1] ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc . (1991)...

Excerpt: ...d Petitioner replies. [1] ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc . (1991) 233 Cal.App.3d 94, 99 –100 [cl...

Excerpt: ...ry provision, which applies permissively, and a mandatory provision, which applies as of right.” ( Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick ).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the ...

Excerpt: ...f California Life and Health Insurance Company (“Blue Shield”) moves to seal portions of Exhibits 3, 4, and 35 containing or referencing Blue Shield's confidential and proprietary payment methodology and fee schedule information with regard to the CPT codes at issue. Blue Shield's motion is unopposed. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public, pursuant to a potent “open cou...

Excerpt: ...�) and tenant Plaintiff Maureen Minehart (“Plaintiff”) concerning ongoing water intrusion and cockroach inf estations at the apartment Plaintiff rented from Defendants. Plaintiff alleges eight causes of action (1) breach of contract; (2) breach of implied warranty of habitability/tenantability; (3) breach of implied warranty of quiet enjoyment; (4) negligence; (5) nuisance; (6) breach of statute CCC § 1942.4; (7) intentio nal misrepresentati...

Excerpt: ...acts sufficient to state a cause of action and for uncertainty, pursuant to Code of Civil Procedure, section 430.10, subdivisions (e) and (f), respectively. Defendant also moves to strike the entire complaint, or in the alternative, the request for punitive damages. Plaintiff has not opposed either the demurrer or the motion. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complai...

Excerpt: ...ephen R. Hofer Law Corporation d/b/a Aerlex Law Group; Aerlex Tax Services, LLC; and Aerlex Tax Services, LLP (“Plaintiffs”) brought suit against Defendants Vicky Boladian and Boladian Aviation Law Group, APC (“Defendants”) alleging thirteen causes of action: (1) breach of contract – settlement agreement; (2) breach of contract – operating agreement and buy -sell agreement; (3) breach of implied covenant of good faith and fair dealing...

Excerpt: ...pel verified responses from Plaintiff Alexander Rivkin (“Plaintiff”) to Form Interrogatories (Set One) (“FROG”); Special Interrogatories (Set One) (“SROG”) and Demands for Production of Docume nts (Set One) (“RPD”). Defendant also seeks monetary sanctions in connection with the motions. Plaintiff opposes the motions and Defendant replies. LEGAL STANDARDS 1. Interrogatories Pursuant to Code of Civil Procedure section 2030.290, “[...

Excerpt: ...rust; Wendy Eisler, individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to the answer and the first amended answer filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Stephen Eisler, individually and as trustee for the Eisler Family 2000 L iving T...

Excerpt: ...t $29 per month, and refusing to let Plaintiff enter th e Gold's Gym in Venice without paying either $900 per year or $100 per month. (See generally First Amended Complaint.) On November 8, 2023, Plaintiff voluntarily requested dismissal of Defendant Gold's Gym Club Holding, LLC, which the Court entered on November 9, 2023. On January 16, 2024, Plaintiff filed a Second Amended Complaint (“SAC”), which added several new defendants, including d...

Excerpt: ...t”): (1) Violation of Civil Code § 2923.7; (2) Violation of Civil Code § 2924.9; (3) Violation of 12 C.F.R. 1024.38; and (4) Unfair Business Practices. Defendant demurs to all four causes of action for failure to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike allegations regarding punitive damages, emotional distress, attorneys' fees, as well as all allegations for �...

Excerpt: ...d at least thirty days prior to trial, which is currently scheduled for June 10, 2024. Defendant WIB Holdings, LLC has filed a late opposition, to which Plaintiff objects and replies. DEFENDANT'S LATE -FILED OPPOSITION Code of Civil Procedure section 1005, subdivision (b) provides, “All papers opposing a motion […] shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court ...

Excerpt: ... 22, 2023, Plaintiff Forwardline Financial, LLC (“Plaintiff”) filed suit against Defendants Vent Tech, Inc. (“Vent Tech”) and Christopher Taulbee (“Taulbee”) (collectively, “Defendants”) alleging causes of action for (1) account stated against V ent Tech; (2) money lent against Vent Tech; (3) open book account against Taulbee; (4) breach of contract against Vent Tech; and (5) breach of contract against Taulbee, seeking to recover ...

Excerpt: ...aud – intentional misrepresentation, count 1: multi -strategy capital contributions; (3) common count, count 1: multi -strategy capital contributions; (4) breach of written contract, count 2: promissory notes; (5) fraud – intentional misrepresentation, count 2: loans; and (6) common count, count 2: promissory notes. Defendants Insight Multi- Strategy U.S. Partners, LLC; Insight Advisors, LLC, and Michael Tito (“Defendants”) demur to the f...

Excerpt: ...fendant”) in “the sum of $448,000.00, with prejudgment interes t, costs and attorneys' fees in amounts to be determined through post-trial proceedings.” (January 30, 2024 Judgment.) Plaintiff now moves to fix the amount of prejudgment interest to be awarded. Defendant opposes the motion and Plaintiff replies. ANALYSIS Plaintiff seeks $194,145.71 in prejudgment interest, representing a 10% annual interest rate on the outstanding balances of ...

Excerpt: ... 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Judgment 2. Separate Statement of Disputed Material Facts 3. Objections to Evidence 4. Declaration of Waukeen McCoy REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment 2. Evidentiary Objections BACKGROUND On or about November 4, 2020, Plaintiff Pericles Chamis (“Plaintiff”) underwent an upper endoscopy procedure, during which “Plaintiff began vomiting ...

Excerpt: ...ts sufficient to constitute a cause of action, pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendant replies. REQUESTS FOR JUDICIAL NOTICE Defendant's Request Defendant requests judicial notice of (1) the January 26, 2023 Certificate of Cancellation from the Delaware Secretary of State issued to Tavistock and (2) the laws of the State of Delaware cited in Defendant's demurrer to Plaintif...

Excerpt: ...imited civil case is a case in which the demand, exclusive of interest, amounts to $35,000 [1] or less. (Code Civ. Proc., § 86, subd. (a)(1).) The court must order reclassification of a case from unlimited to limited “when . . . it becomes clear that the matter will ‘necessarily' result in a verdict” under $35,000. ( Walker v. Superior Court (1991) 53 Cal.3d 257, 262 ([hereafter Walker) .) In determining whether the demand of the case exce...

Excerpt: ... let Plaintiff enter the Gold's Gym in Venice without paying either $900 per year or $100 per month. (See generally First Amended Complaint [1] .) Plaintiff moves to enjoin Defendants from denying him entry to the Venice Gym at the contract rate of $29 per month. Defendant Gold's Gym California, LLC (“Defendant”) opposes the motion and Plaintiff replies. [2] REQUEST FOR JUDICIAL NOTICE Plaintiff requests the court to take judicial notice of f...

Excerpt: ...University of California (“Defendant.”) The Court sustained Defendant's demurrer to the elder abuse cause of action on the basis that Plaintiff failed to allege (1) that Defendant knowingly, chronically understaffed its hospital below the minimum nurse -to -patient ratios or (2) that Plaintiff suf fered any harm or damage as a result of Defendant's alleged neglect. (December 15, 2023 Minute Order.) Plaintiff now moves for leave to amend the c...

Excerpt: ...pondent”) in the amount of $39,402.50 plus int erest accruing pursuant to the parties' agreement. (See Ex. B to Petition to Confirm Arbitration Award (“Petition”).) The agreement provides for interest at the rate of 10% on any account balance not paid in full within 60 days of completion of the assignment. (Ex. A to Petition at p. 2.) On January 30, 2024, Petitioner filed the instant Petition. On February 5, 2024, a hearing on the Petition ...

Excerpt: ... to continue the trial date and pretrial discovery cut -off dates by twelve months. Defendant and Cross -Complainant Watertronics, LLC (“Watertronics”) has filed a joinder to Lakos' application. The application is unopposed. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” ( In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in cons...

Excerpt: ...Blue Shield of California Life and Health Insurance Company (“Blue Shield”) move to seal portions of Exhibits 3, 4, and 35 containing or referenc ing Blue Shield's confidential and proprietary fee schedule information with regard to the CPT codes at issue. Blue Shield's motion is unopposed. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public, pursuant to a potent “open court” polic...

Excerpt: ...). Plaintiff's motion is unopposed. ANALYSIS Code of Civil Procedure section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the c...

Excerpt: ...hn Canning (“Canning.”) Vaughan is a public insurance adjuster who works out of his Malibu home. (First Amended Complaint (“FAC”) ¶ 6.) Vaughan and Canning have been friends for over 20 years. (FAC ¶ 8.) To help Canning obtain a source of income, Vaughan taught Canning the business of public insurance adjusting. (FAC ¶ 10.) Vaughan also allowed Canning to use Vaughan's office and equipment for free and occasionally allowed Canning to w...

Excerpt: ... dispute over Defendants' alleged failure to pay “non -contracted” or “out - of-network” Plaintiffs for psychological and/or psychiatric care, treatment, and services provided to patients insured by Defendants. Plaintiffs Marks House LLC/Hillcrest Teen Treatment Center; Bailard House LLC/Beachside/Malibu Teen Center; and The Meadowglade (“Plaintiffs”) have brought nine causes of action in the First Amended Complaint (“FAC”) agains...

Excerpt: ...eclaration in support of an automatic extension. Defendant demurs to Plaintiff's complaint. Plaintiff has not filed an opposition. LEGAL STANDARD – DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In testing the sufficiency of a cause of action, a court accepts “[a]s true all material facts properly pled and matters w...

Excerpt: ...tatement of Undisputed Facts in Support of Motion for Summary Judgment/Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Joanna Ardalan 3. Separate Statement in Opposition to Motion for Summary Judgment/Adjudication REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment/Adjudication 2. Evidentiary Objections BACKGROUND Cross -Complainant BFF ...

Excerpt: ... of Motion for Summary Judgment 5. Declaration of Barbara Johnson in Support of Motion for Summary Judgment 6. Request for Judicial Notice BACKGROUND Plaintiff Armon Funding, LLC (“Plaintiff”) filed a verified unlawful detainer complaint against Defendants MMK Capital, Inc. (“Defendant”) and all unknown occupants, tenants, and subtenants on December 8, 2023. Plaintiff now moves for summary judgment. Defendant has not filed an opposition t...

Excerpt: ...lar Group, Inc., dba AP Electrical System (“LA Solar”); Ara Petrosyan (“Petrosyan”); and Merchants Bonding Company (Mutual) (“Merchants”); alleging five causes of action for (1) breach of express warranty; (2) negligence; (3) breach of contract; (4) fraud; and (5) breach of contract against surety. The first four causes of action are brought against all Defendants except Merchants, and the fifth cause of action is brought only against...

Excerpt: ...to separate cannabis businesses. (SAC ¶ 1.) Plaintiff alleges that Defendant misrepresented that these buildings each had 800 AMPS of power capacity, which cannabis businesses require, when they only had 400 AMPS of capacity, which is insufficient to run a cannabis business. (SAC ¶¶ 2-14.) Defendant moves to compel third party Winners Circle HD, LLC (“Winners Circle”), one of Defendant's subtenants, to comply with the subpoena served upon ...

Excerpt: ...ent/Adjudication 3. Federal Authorities Cited in Memorandum of Points and Authorities 4. Declaration of James Sciolla in Support of Motion for Summary Judgment/Adjudication 5. Declaration of Joey Boktor in Support of Motion for Summary Judgment/Adjudication 6. Declaration of Jacqueline Bruce Chinery in Support of Motion for Summary Judgment/Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Po...

Excerpt: ...ng, PC (“Showtime”). Plaintiff's motion is unopposed. ANALYSIS Code of Civil Procedure section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to...

Excerpt: ... metal plate was placed there by virtue of a construction project. Defendant Helio Group (“Helio”) is the general contractor for the construction work being done at the site where the metal plate was located, and Defendant O.L. Development (“O.L.”) was the subcontractor. Defendant Simon Lazar (“Lazar”) is the managing director of Helio and the manager of Defendant Venue Residences, LLC (“Venue”), the owner of the construction proj...

Excerpt: ...ary Judgment/Adjudication 4. Declaration of Ethan Shakoori in Support of Motion for Summary Judgment/Adjudication 5. Index of Exhibits 6. Request for Judicial Notice 7. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Notice of Errata to Amend Opposition 3. Declaration of Sean ...

Excerpt: ...ago Title Company's (“Defendant”) Answer to Plaintiff's verified First Amended Complaint (“FAC”) for failure to state facts sufficient to cause a defense, pursuant to Code of Civil Procedure section 430.20, subdivision (a). Defendant opposes the demurrer and Plaintiff replies. MEET AND CONFER REQUIREMENT Code of Civil Procedure section 430.41, subdivision (a) requires that “Before filing a demurrer pursuant to this chapter, the demurrin...

Excerpt: ...lt on the mortgage on his property located at 311 Market Street. Plaintiff contends he relied on his then -live -in boyfriend to make the payments (using Plaintiff's money), including the final payoff payment, but later discovered the payments were not actually sent to pay the mortgage. Plaintiff challenges many of the amounts itemized in the outstanding balance statement, but offered to pay the balance of the amounts. Defendants did not accept P...

Excerpt: ... v. Doe ) and Safechuck v. Doe 1 (Super. Ct. L.A. County, 2014, No. BC545264) (hereafter Safechuck v. Doe) for all purposes. Defendants MJJ Productions, Inc. and MJJ Ventures, Inc. (collectively, “Defendants”) have filed a response, indicating Defendants do not oppose and join in Plaintiffs' request to consolidate the two cases. ANALYSIS Procedural Requirements Per Local Rule 3.3, “Cases may not be consolidated unless they are in the same d...

Excerpt: ...ction: the first three alleging breach of express warranty under the Song-Beverly Act, the fourth alleging breach of implied warranty under the Song -Beverly Act, the fifth for fraudulent inducement -concealment, the sixth for negligent repair (against Defendant Santa Monica Ford Lincoln only), and the seventh for violation of the Consumer Legal Remedies Act. Defendant Ford Motor Company (“Defendant” or “Ford”) demurs to the first five ca...

Excerpt: ...5 plus daily interest of $12.52 for each day after June 30, 2023 until the balance is paid in full. On January 18, 2024, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). On January 24, 2024, a hearing regarding the Petition was scheduled for February 27, 2024. To date, no response to the Petition has been filed. LEGAL STANDARD “Any party to an arbitration in which an award has been made may petition the c...

Excerpt: ...rranty of habitability; (2) tortious breach of the implied warranty of habitab ility; (3) negligence; (4) breach of contract; (5) nuisance; (6) breach of the covenant of quiet enjoyment; (7) breach of the implied covenant of good faith and fair dealing; (8) intentional infliction of emotional distress; and (9) violation of Civil Code section 1942.4. Defendants demur to the second, fifth, seventh, and eighth causes of action as uncertain, duplicat...

Excerpt: ...(“SAC”) alleges sixteen causes of action for (1) breach of written contract; (2) unjust enrichment; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices; (6) neglig ence; (7) declaratory relief; (8) disgorgement of money paid to unlicensed contractor; (9) recovery on contractors bond; (10) conversion; (11) violation of Penal Code section 496; (12) negligence, (13) action on bond, (14) intentional m...

Excerpt: ...ties 2. Separate Statement of Undisputed Material Facts 3. Declaration of Kathleen A. Stosuy with Exhibits OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Judgment/Adjudication 2. Separate Statement of Disputed Material Facts in Opposition to Millennium's Motion for Summary Judgment/Adjudication 3. Declaration of Waukeen McCoy with Exhibits REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion f...

Excerpt: ...10, subdivision (c), requesting that this action be stayed pending the resolution of an earlier lawsuit filed in the Superior Court in and for the County of San Diego (“San Diego Superior Court”), Dvorak v. Rockwell Collins, Inc., No. 37 -2019 -00064397 -CU -OE -CTL (hereafter Dvorak ). Plaintiff opposes the demurrer and Defendant replies. REQUESTS FOR JUDICIAL NOTICE Defendant's Request Defendant requests judicial notice of the following: ·...

Excerpt: ...bsequently, Defendant agreed to and did abate the barking dog nuisance, but has refused to settle with Plaintiff regarding the legal fees Plaintiff expended in bringing the instant lawsuit. On November 30, 2023, Plaintiff filed a motion seeking $12,000 in attorneys' fees and $744.96 in litigation costs as the “prevailing party” pursuant to Civil Code section 5975, subdivision (c). Defendant did not oppose the motion. At the hearing, Plaintiff...

Excerpt: ...ther things, that pursuant to a December 2019 letter agreement, Defendants Advanced Nutrients, Inc.; Advanced Nutrients US, LLC; and Michael Straumietis (“Defendants”) agreed that in the event they terminated Plaintiff's employment without cause before the end of 2022, Defendants would pay Plaintiff an additional 6 months of salary plus commission. But Defendants failed to pay Plaintiff that amount when they terminated him without cause in Ma...

Excerpt: ......

Excerpt: ...laint on August 10, 2022, against Defendants Michael Keyes dba Global Ocean and Land Construction (“Keyes”) and Hudson Insurance Company, alleging twelve causes of action for (1) breach of written contract; (2) unjust enrichment; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices; (6) negligence; (7) declaratory relief; (8) disgorgement of money paid to unlicensed contractor; (9) recovery on cont...

Excerpt: ...fs' home. (Complaint ¶ 16.) Plaintiffs allege they entered into a contract with Defendants Juan Antonio Devoto and Mandrake Construction Co. (“Mandrake Defendants”), who purchased the subject windows from Defendant Horizon & Renovation, Inc. (“Horizon”), who in turn purchased them fr om the manufacturer, Defendant Andersen Windows, Inc. (“Andersen.”). (Complaint ¶¶ 14-15.) Although the Complaint alleges fourteen causes of action ag...

Excerpt: ...ivil procedure section 473 “includes a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” ( Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick ).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in ap...

Excerpt: ...��); and Larisa Menshikova (“Larisa”) (the “Individual Defendants”); DH Distribution Inc. (“DHD”); Beverly Hills Escrow, Inc. (“BHE”) ( collectively, “Defendants”) stemming from a real property dispute. DHD is operated by Individual Defendants, Menshikov (the sole shareholder of DHD) and his daughters Larisa (DHD's agent for service of process and former officer and director of DHD) and Lucy. (Notice of Related Case, Attachmen...

Excerpt: ...ages. Plaintiff opposes the motion and Defendant replies. LEGAL STANDARDS - MOTION TO STRIKE Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) stri...

Excerpt: ...es and emotional distress from the Complaint. The motions are unopposed. ANALYSIS 1. DEMURRER Defendant demurs to all three causes of action in Plaintiff's Complaint on the basis that they failed to state facts sufficient to constitute causes of action against Defendant under Code of Civil Procedure section 430.10, subdivision (e). “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v...

Excerpt: ... Shemaria (“Defendant”) are adjacent property owners. Case number SC128312, which was filed on November 1, 2017, and is nearing trial, involves a dispute over a portion of the pathway between the properties, located toward the front of the properties, where Plaintiff has historically kept items in storage. Case number 22SMCV00758, which was filed on May 24, 2022, concerns a fence located on the pathway toward the back of the properties. Defen...

Excerpt: ...emaria (“Defendant”) are adjacent property owners. Case number SC128312, which was filed on November 1, 2017, and is nearing trial, involves a dispute over a portion of the pathway between the properties, located toward the front of the properties, where Plaintiff has historically kept items in storage. Case number 22SMCV00758, which was filed on May 24, 2022, concerns a fence located on the pathway toward the back of the properties. Defendan...

Excerpt: ...Spellane; and Kevin Hill, alleging causes of action for (1) breach of fiduciary duty; (2) negligence; (3) fraud and deceit, including fraud in the inducement; (4) constructive fraud; (5) negligent misrepresentation; (6) California Corporations Code §§ 25400, 25401 fraud in connection with the sale of securities; and (7) negligent infliction of emotional distress, stemming from the Defendants' alleged scheme to defraud Plaintiff of her recently ...

Excerpt: ... Flynn Adams (“Flynn”) and Christoper Adams (together, “Plaintiffs”) leased, with the intent to purchase in the future. Plaintiffs' first amended complaint (“FAC”), alleges fourteen causes of action for (1) breach of statutory duties; (2) negligence; (3) maintenance of a nuisance and trespass; (4) breach of lease agreement; (5) breach of contract; (6) fraud and deceit; (7) negligent misrepresentation; (8) breach of the duty of good fa...

Excerpt: ...ation of Angela A. Zanin 4. Declaration of Estee C. Natale 5. Request for Judicial Notice 6. Separate Statement of Undisputed Material Facts PLAINTIFFS' OPPOSITION PAPERS: 1. Opposition to Defendant's Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Michael Hart 3. Compendium of Exhibits 4. Separate Statement of Undisputed Material Facts DEFENDANT'S REPLY PAPERS: 1. Reply to Plaintiff's Opposition t...

Excerpt: ...nt, United Clinical Research, Inc. (“United”). Plaintiff brings this action against Defendant Matrix Clinical Research, Inc. (“Matrix”) and individual Defendants Faramarz Shamam, Peyman Banooni, and Stan Gershovich (the “Individual Defendants”) (collectively, “Defendants”). Plaintiff alleges Plaintiff and the Individual Defendants previously formed United, a company that conducts clinical trials for drug development, in which Plai...

Excerpt: ...dgment in favor of Defendants and Cross-Complainants California Physicians' Service dba Blue Shield of California and Blue Shield of California Life & Health Insurance Company (“Defendants”), following a non-jury trial that commenced on May 31, 2023 before the Honorable Alison Mackenzie. On July 17, 2023, the case was reassigned to the Honorable Michael E. Whitaker, who took over as the judicial officer in Department 207 of the Beverly Hills ...

Excerpt: ...Living Trust; Wendy Eisler, Individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells. BACKGROUND Unlawful Detainer Action On May 11, 2015, the Eisler Defendants to this action [1] filed an unlawful detainer complaint against Plaintiff Yazmin Ortiz (“Plaintiff”), case number 15R02431. (See Exhibits B and C to the Defendants' Feb. 6, 2020 Request fo...

Excerpt: ...ted September 3, 1997 as amended and restated (“Baker”) owns two residential real properties that Defendant and Cross-Complainant Austin Sherman (“Sherman”) occupies. (Complaint ¶¶ 7-9.) Baker brought suit for public and private nuisance, waste, and breach of contract, alleging Defendant is improperly running a commercial cannabis business out of the two residential properties. (See Complaint.) Sherman cross-complained, alleging four ca...

Excerpt: ...Hoppus and Mark Hoppus, as trustees of the Rollo Tomassi Trust (“Plaintiffs”). Defendant demurs to the single cause of action alleged in Plaintiffs' complaint for enforcement of Beverly Hills Resolution No. 1840, pursuant to Code of Civil Procedure section 430.10, subdivision (d), on the grounds that Plaintiffs failed to join a necessary party, Southpac Trust International, Inc., as co- owner of Defendant's property. Plaintiffs oppose the dem...

Excerpt: ...hich Defendant contends is meritless and was brought in bad faith. Plaintiff opposes the motion and Defendant replies. ANALYSIS Per Code of Civil Procedure section 128.5, “[a] trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (C...

Excerpt: ...�Plaintiff” or “Pacific”) motion for summary adjudication. (See August 10, 2023 Minute Order.) Pacific subsequently dismissed the remaining causes of action, and judgment was entered in favor of Pacific on November 20, 2023. (See November 20, 2023 Judgment.) On January 30, 2024, the Court awarded Pacific its costs. (See January 30, 2024 Minute Order.) Plaintiff now moves to recover attorneys' fees and prejudgment interest as the prevailing ...

Excerpt: ...suant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike allegations regarding emotional distress and attorneys' fees, as well as allegations for “damages” under the third cause of action for unfair business practices. The motions are unopposed. REQUEST FOR JUDICIAL NOTICE Defendant requests the Court to take judicial notice of the following documents: 1. Deed of Trust recorded December 21, 2021 in Offi...

Excerpt: ...ngeles County; SML Investors, LLC; 624 Lincoln Blvd. Apartments; and Yi Pan, alleging five causes of action for (1) Damages Based on Governmental Tort Liability and Negligence (Gov. Code, § 835); (2) Negligence; (3) Premises Liability; (4) Private Nuisance; and (5) Public Nuisance. As to Defendant City of Santa Monica (“Defendant”), Plaintiff only alleges the first cause of action. Defendant City of Santa Monica demurs to the first (and only...

Excerpt: ...ning causes of action, and judgment was entered in favor of Pacific on November 20, 2023. (See November 20, 2023 Judgment.) On December 18, 2023, Pacific filed a memorandum of costs, seeking $1,435.00 in filing and motion fees; $244.27 for service of process; $6,129.00 in surety bond premiums, and $859.20 for “Case Anywhere Pro-Rata Fees Mandated by Court Order.” (MC-025.) Defendant PPF AMLI 4242 Via Marina, LLC (“AMLI” or “Defendant”...

Excerpt: ...g the border of the adjacent properties of Plaintiffs Thomas Walter Trimborn and Paula Jane Trimborn, co-trustees of the Trimborn Community Property Trust U/D/T July 12, 2001 (“Plaintiffs” or “Trimborn”) and Defendant The Stephen S. Wise Temple (“Defendant” or “Temple.”) Plaintiffs' property is a single family dwelling, and Defendant's property is a Jewish synagogue, which includes an elementary school and an early-learning school...

Excerpt: ...plaint (“FAC”) for Breach of Written Contract for failure to state a cause of action and uncertainty, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f). Plaintiff opposes the demurrer. ANALYSIS 1. DEMURRERS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In testing the sufficiency of a cause of actio...

Excerpt: ... breach of implied covenant of good faith and fair dealing; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. Defendant California Fair Plan Association (“Defendant”) demurs to all six causes of action on the grounds that they fail to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike Plaintiff's claims for mental and emotiona...

Excerpt: ...old the property to Propco. Thereafter, Propco leased the property back to Keyway which then subleased the property to Kimora Lee Simmons (“Simmons”) and Tim Leissner (“Leissner”). According to Propco, neither Keyway, nor Simmons or Leissner, paid rent on the lease, and the lease expired in November 2021. Simmons continues to occupy the property per Propco. Keyway contends the 2020 sale to Propco and lease-back were fraudulently executed ...

Excerpt: ...Show Cause why all related cases should not be consolidated for trial, and set an Order to Show Cause hearing on January 26, 2024. In the meantime, Cross-Defendant Railcraft USA (2010), Inc. (erroneously sued as Railcraft International Inc. dba Railcraft USA, Inc.) moved to sever and bifurcate all railing claims, or in the alternative, to continue trial. The parties have filed statements with their respective positions regarding consolidation and...

Excerpt: ...ant City of West Hollywood (“Defendant”) demurs to the second cause of action for premises liability alleged in Plaintiff Alyssa Rabiola's complaint, for failure to state a cause of action pursuant to Code of Civil Procedure 430.10, subdivision (e) on the grounds that some of the allegations underlying Plaintiff's second cause of action were not included in the claim for damages previously presented to Defendant, and therefore the second caus...

Excerpt: ...) requires, “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.” It further requires, “As part of the meet and confer process, the moving party shall identify all o...

Excerpt: ...actor, and subcontractors who worked on the project. On October 17, 2023, the Court approved the good faith settlement between Plaintiffs and Defendant subcontractor E & J Lopez Plumbing, Inc. in the amount of $120,000 and between Defendant/Cross-Complainant Denver Thomas Dale IV dba Residential Construction Company and Cross-Defendant E & J Lopez Plumbing in the amount of $30,000. Defendant Rapid Duct Testing and Air Balancing, Inc. (“Rapid”...

Excerpt: ...c. (“Aprilia”) (collectively, “Defendants”), alleging engine oil leak defects in the Aprilia motorcycle Plaintiff allegedly purchased from Defendants. Plaintiff's complaint seeks $22,100.16 in damages, representing “the total purchase obligation involved in the transaction alleged herein, plus finance charges and other incidental and consequential damages and costs.” (Compl. ¶ 20.) In the alternative, Plaintiff claims to have “been...

Excerpt: ...FOR JUDICIAL NOTICE Defendant requests the Court to take judicial notice of the original Complaint filed in this action. Judicial notice may be taken of records of any court in this state. (Evid. Code, § 452, subd. (d)(1).) Because the Complaint is part of the Court's record for this case, the Court may take judicial notice of it. (Ibid.) However, “while courts are free to take judicial notice of the existence of each document in a court file,...

Excerpt: ...“Defendant”) moves to compel responses from Plaintiff Seyed Farid Hajmirsadeghi (“Plaintiff”) to Form Interrogatories (Set Two) (“FROG-2”); Request for Production of Documents (Set Two) (“RPD-2”); and Special Interrogatories (Set Two) (“SROG-2”). In addition, Defendant moves to deem admitted the truth of the matters in Requests for Admission (Set One) (“RFA- 1”). Defendant also seeks monetary sanctions in connection with t...

Excerpt: ... on November 20, 2023. (See November 20, 2023 Judgment.) On December 18, 2023, Pacific filed a memorandum of costs, seeking $1,435.00 in filing and motion fees; $244.27 for service of process; $6,129.00 in surety bond premiums, and $859.20 for “Case Anywhere Pro-Rata Fees Mandated by Court Order.” (MC-025.) Defendant Western National Builders (“WNB” or “Defendant”) has moved to tax $500 in filing and motion fees associated with Pacifi...

Excerpt: ...aleros”). Plaintiff and Cross-Defendant Andrea Valero (“Valero”) was also the sole member of the board of directors for Plaintiff Malibu Road Homeowners Association (“HOA”) which governed the property during most of the events giving rise to the actions. The Valeros and the HOA brought two separate lawsuits against Defendant stemming from the same factual dispute concerning water leaks in the Valeros' unit, allegedly caused by Perlman. ...

Excerpt: ... why all related cases should not be consolidated for trial, and set an Order to Show Cause hearing on January 26, 2024. In the meantime, Cross-Defendant Railcraft USA (2010), Inc. (erroneously sued as Railcraft International Inc. dba Railcraft USA, Inc.) moved to sever and bifurcate all railing claims, or in the alternative, to continue trial. The parties have filed statements with their respective positions regarding consolidation and bifurcati...

Excerpt: ...purchased the defective flooring at issue, Defendant Zra Estates, Inc. dba Rhodium Floors (“Defendant”) allegedly refused to return it to the manufacturer for a refund, to deliver it back to Plaintiff, or to attempt to sell it to mitigate Plaintiff's damages. As such, Plaintiff seeks leave to amend the complaint to allege a cause of action for conversion. Defendant opposes, arguing Plaintiff's proposed amendment is not meritorious, and Plaint...