Excerpt: ... Documentary Evidence 4. Compendium of Evidence 5. Declaration of Kathleen A. Stosuy OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Disputed Material Facts 3. Declaration of Waukeen McCoy 4. Declaration of Vinay Ginjupalli 5. Declaration of Philip Bickler, M.D. 6. Declaration of Daniel Brelian M.D. 7. Declaration of Elena Rubin, M.D. 8. Declaration of Andrew Pha...

Excerpt: .... a. Damages Plaintiff's Complaint alleges fifteen causes of action for (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Breaks; (3) Failure to Pay Overtime Wages; (4) Failure to Furnish Accurate Itemized Wage Statements; (5) Failure to Pay All Wages Owed; (6) Failure to Pay Waiting Time Penalties; (7) Failure to Provide Complete Access to Employee Personnel File and Payroll Records in Violation of Labor Code §§ 226, 432, and 11...

Excerpt: ...Group, Inc.; Sierra Medical Group, Inc.; and Coastal Communities Medical Group, Inc. OPPOSING PARTY Plaintiff CEP America -California MOTION Defendants Heritage Provider Network, Inc; Regal Medical Group, Inc; Lakeside Medical Organization, a Medical Group, Inc.; Oasis Independent Medical Associates, Inc.; Desert Medical Group, Inc.; High Desert Medical Corporation, a Medical Group; Affiliated Doctors of Orange County Medical Group, Inc.; Sierra ...

Excerpt: ...ed a stipulation for entry of judgment, indicating that the parties had settled, which is why Plaintiff dismissed the action, but Defendant had stopped making payments pur suant to the settlement. On February 15, 2024, the Court issued a Minute Order, declining to act on the stipulation on the basis that the voluntary dismissal of the entire action deprived the Court of the authority to do so. Plaintiff now moves to set aside the dismissal withou...

Excerpt: ..., 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 and moves to strike the first amended answer (“FAA”) filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Steven Eisler individually and as Trustee for the Eisler Family 2000 Living Trus...

Excerpt: ... LLC (“Defendant,” “CCM,” or “Consequent”) in “the sum o f $448,000.00, with prejudgment interest, costs and attorneys' fees in amounts to be determined through post- trial proceedings.” (January 30, 2024 Judgment.) Plaintiff now moves to recover $89,800 in attorneys' fees pursuant to Code of Civil Procedure section 2033.420 based on Defendant's failure to admit that it owed Plaintiff $448,000 in response to Plaintiff's requests f...

Excerpt: ...motion is unopposed. LEGAL STANDARDS “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “In the absence of a voluntary submission to ...

Excerpt: ...er, “Defendants”) alleging six cause s of action for (1) breach of written agreement; (2) breach of personal guaranty; (3) money lent; (4) indebtedness; (5) conversion; and (6) claim and delivery stemming from Plaintiff's loan to Defendants for the purchase of various business equipment, which Defendants allegedly failed to repay. Plaintiff now applies for a writ of possession against each Defendant. Plaintiff's applications are unopposed. LE...

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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...). 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...