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Excerpt: ... Defendants Amanda Staveley (“Staveley”) and Cantervale Limited (“Can tervale”) (collectively, “Moving Defendants”). Staveley is a citizen of England who resides in London and Dubai. (Declaration of Amanda Staveley filed March 20, 2024, at ¶ 2.) Staveley is the founder, sole shareholder, and director of Cantervale, an English company. (Id. at ¶ 3.) Plaintiff filed proofs of personal service on Cantervale and Staveley on March 1, 202...

Excerpt: ... Trust, U/T/I dated September 27, 2012 (“Cross -Defendants”) filed suit against Defendants and Cross - Complainants Scott Miller and Melissa Miller (“Cross -Complainants”) for View Restoration. On April 14, 2016, Cross-Defendant Melissa Miller filed a Notice of Petition for Relief under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. § 101 and Imposition of Automatic Stay, indicating that she had filed a bankruptcy petition on...

Excerpt: ...tory relief; and (3) trespass against Defendants Steven A. Kauffman; Janice Kauffman; Wells Fargo Bank, N.A. as Successor Trustee of the Hele n C. Zeff Living Trust, dated September 17, 2007; Lonnie Vidaurri; and Lara Vidaurri, to assert their rights to an easement they allegedly retained on a parcel of undeveloped land (the “Zeff Property”) in connection with their prior sale of the land. Per stipulation and order entered July 18, 2022, Plai...

Excerpt: ..., and Kadjaly Conteh (“Defendants”). Defendants demur to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10. Plaintiff opposes the demurrer. ANALYSIS I. DEMURRER - STANDARDS “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 t...

Excerpt: ...nd Saad Fathi (“Defendants”). Moving Defendant 921 -929 Broxton Ave, LLC (“Broxton”) demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10, subdivision (e). City opposes the demurrer and Broxton replies. REQUEST FOR JUDICIAL NOTICE Broxton requests judicial notice of the invoice sent to Defendants Habibi Café, Jan Fathi, Saad Fathi, and ...

Excerpt: ...¶¶ 20, 26.) A subsequent MRI revealed that Plaintiff suffered a stroke, causing central visual impairment, dysphagia, and cognitive and behavioral issues. (5AC ¶ 32.) On October 12, 2021, Plaintiff brought suit against the surgeon, Defendant Dale Prokupek, M.D. and Defendant Dale Prokupek, M.D., Inc. (“Prokupek”); anesthesiologist Defendant Michelle Dinh, M.D. (“Dinh”); and Defendant Soma Surgery Center, Inc. (“Soma”), where the en...

Excerpt: ... Civil Code section 1793.2, subd. (d); (2) violation of Civil Code section 17 93.2, subd. (b); (3) violation of Civil Code section 1793.2, subd. (a)(3); (4) breach of the implied warranty of merchantability; and (5) fraudulent inducement – concealment, stemming from Plaintiff's purchase of a 2021 Chevrolet Silverado. Defendant demurs to the fifth cause of action for fraudulent inducement – concealment on the grounds that it fails to state fac...

Excerpt: ...plied for an order to serve the summons and complaint by posting, indicating that service had been attempted at the subject property on July 14, 15, and 19, to no avail. The Court granted Plaintiff's order to serve via posting on July 27. On October 27, 2023, within four minutes of each other, two separate form UD -105 Answers were filed on behalf of Kahn and on behalf of Ferguson, each in pro per. On August 7, 2023, a joint motion to quash servi...

Excerpt: ...es 2. Declaration of Simon Yoon 3. Declaration of Glenn Rothner 4. Declaration of James P. Hart, Jr. 5. Declaration of Young Ok Bae 6. Appendix of Exhibits 7. Separate Statement of Undisputed Material Facts OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Manuel D. Balam 3. Documentary Evidence in Support of Plaintiff's Opposition 4. Separate Statement of ...

Excerpt: ...Material Facts OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Undisputed Material Facts 3. Declaration of Lauren Kutasi REPLY PAPERS: 1. Reply in Support of Motion for Summary Adjudication 2. Evidentiary Objections BACKGROUND Plaintiff Lauren Kutasi (“Plaintiff”) filed a First Amended Complaint (“FAC”) alleging causes of action for (1) Tortuous [sic] Bre...

Excerpt: ...aintiff) business entity previously filed suit agamst Defendant City National Bank, N.A„ alleging (1) race and color discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) unfair business practices; (5) intentional infliction of emotional distress; and (6) fraud and deceit for allegedly discrimmating against it three times in five years for exercising its "freedom of speech" by "making a complaint about bein...

Excerpt: ... Servicing (“Defendant”): (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 a...

Excerpt: ...f implied covenant of good faith and fair dealing; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. On January 30, 2024, the Court sustained Defendant California Fair Plan Association's (“Defendant”) demurrer to the third cause of action for negligence without leave to amend on the grounds that insurers, like Defendant, generally owe no duty of care to their insureds as a matter of law, and sustai...

Excerpt: ...reach of Contract; 2) Breach of Implied Covenant of Good Faith and Fair Dealing; 3) Intentional Misrepresentation; 4) Negligent Misrepresentation; 5) Professional Negligence; 6) Violation of Business and Professions Code S 17200. Defendant Michael Navi ("Navi") moves the Court for orders compelling Plaintiff to serve further responses to the following discovery requests: Special Interrogatories ("SROG"), Set 1, Propounded to Plaintiff Propounded:...

Excerpt: ... 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 Holding, LLC. On Octob...

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...