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...

Excerpt: ...aintiff's Second Amended Complaint (“SAC”) alleges sixteen causes of action: (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 contractors bond; (10) conversion; (11) violation of penal code § 496; (12) negligence – ins broker...

Excerpt: ...nt mistakenly alleges causes of action against Plaintiff's employer and supervisor, and mistakenly alleges that the owner of the property is Laterra Development, LLC.” (Ibid.) Plaintiff also seeks “to clarify the allegations against property owners 12575 Venice Investments LP and LT Building Corp.” (Ibid.) The Motion is unopposed. On December 12, 2023, the Court continued the hearing to permit Plaintiff to file a supplemental declaration in...

Excerpt: ...). The Court granted Summary Judgment in Defendant's favor on the basis that the Plaintiff assumed the risk in agreeing to climb and trim the tree. (June 21, 2023 Minute Order.) Plaintiff moved for a new trial, which the Court denied, having found no irregularity in the court proceedings, abuse of discretion, error in law, or insufficiency of the evidence. (October 17, 2023 Minute Order.) Plaintiff now moves for reconsideration of the Court's ord...

Excerpt: ...loyment and Housing Act; (4) Violation of Civil Code § 51.9; (5) Breach of the Covenant of Quiet Enjoyment; (6) Negligence; (7) Statutory Breach of Warranty of Habitability (Civil Code §§ 1941 and 1941.1); (8) Tortious Breach of Implied Warranty of Habitability; (9) Violation of Business & Professions Code § 17200 et seq.; (10) Violation of Civil Code § 1942.4; (11) Violation of Civil Code § 1941.3; (12) Negligent Violation of Statutory Dut...

Excerpt: ... 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 applying section 473 must be resolved in fav...

Excerpt: ...een the two properties. Defendant moves to consolidate this case, Northwestern Engineering Co. v. Shemaria (Super. Ct. L.A. County, 2017, No. SC128312) with the case Northwestern Engineering Co. v. Shemaria (Super. Ct. L.A. County, 2022, No. SMCV00758) for all purposes. Plaintiff opposes the motion. ANALYSIS Code of Civil Procedure, section 1048, subdivision (a) provides: When actions involving a common question of law or fact are pending before ...

Excerpt: ...struction defects in Defendant Marmar Corning, LLC's (“Defendant”) adjoining building caused damage to Plaintiff's building. Before initiating litigation, Plaintiff hired third party consultants Soil Pacific, Inc. (“Soil Pacific”) and PSFEG, Inc. (“PSFEG”) to evaluate the damage. Also prior to initiating litigation, Plaintiff sent Defendant copies of the consultant reports. Defendants have served business record subpoenas on both Soil...

Excerpt: ... 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 applying...

Excerpt: ...orm on Plaintiff's condominium. Plaintiff alleges WDR hired two separate subcontractors, Defendant Alireza Haghighat dba Anahita Construction (“Haghighat”) and Defendant Henry Rodrigo Sandoval Tejada dba All & One Construction (“Tejada”), who each did damage to Plaintiff's condominium unit, before all three Defendants abandoned the construction. WDR has filed cross-claims against the subcontractors for indemnity and contribution. WDR now ...

Excerpt: ...ion against Defendant Ocean Park Healthcare LLC dba Ocean Park Healthcare (“Defendant”), alleging (1) Elder abuse and Neglect; (2) Violation of Resident Rights; (3) Negligence; and (4) Wrongful Death. Defendant now moves for judgment on the pleadings as to the first, second, and third causes of action for failure to state facts sufficient to constitute a cause of action. Plaintiffs filed an affirmative notice of non-opposition. LEGAL STANDARD...

Excerpt: ... (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action are not alleged against Defendants Crawford & Company or William Ball (“Defendants”). Defendants demur to the third, fourth, fifth, and sixth 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). Plaintiff opposes the demurrer and...

Excerpt: ... against them on July 7, 2023. The Court twice previously continued the hearing on Plaintiff Suzanne Tito's (“Plaintiff”) October 5, 2023 Request for Default Judgment based on Defense Counsel's representations that a Motion to Set Aside the defaults was forthcoming. (See October 7, 2023 and November 13, 2023 Minute Orders.) On November 13, the Court advanced the hearing on the Request for Default Judgment and forthcoming Motion to Set Aside t...

Excerpt: ...cation; Memorandum of Points and Authorities 2. Declaration of Kirk D'Amico 3. Declaration of Robert Paredes 4. Notice of Lodging Exhibit 5, Exhibit 10, and Exhibit 14 conditionally under seal [1] 5. Request for Judicial Notice 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication OPPOSITION PAPERS: Defendants Infinity Films Holdings, LLC; Michael Ohoven; and Brandon Farm, LLC 1. Opposition to Motion for...

Excerpt: ...nt in his individual capacity and derivatively on behalf of nominal defendant, 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, ...

Excerpt: ... Common Count – Account Stated; (3) Conversion; (4) Failure to Pay Earned Wages; (5) Failure to Reimburse Business Expenses; and (6) Failure to Timely Pay Wages. Plaintiff moves for leave to file a second amended complaint. Defendants ABS Shoring, Inc.; AIM Development, Inc. dba Sol Construction, and George Soleimany aka Arash Soleimany (collectively, “Defendants”) oppose the motion, and Plaintiff replies. LEGAL STANDARD Amendments to Plead...

Excerpt: ...t against Defendants Wilshire Regent Association, Inc. (“Wilshire”) and Charles Eiser (“Eiser”) (collectively, “Defendant”) claims for (1) Breach of Fiduciary Duty; (2) Violation of Conditions, Covenants and Restrictions; (3) Negligence (4) Intentional Infliction of Emotional Distress; (5) Negligent Infliction of Emotional Distress; and (6) Nuisance. Plaintiff moves the Court for orders compelling Defendants to serve responses or furt...

Excerpt: ...0, 1990 (“Plaintiffs”) move for leave to file a second amended complaint to add Pamela Chen (“Chen”), President of the Altamarguerita South Homeowners Association (“HOA”), as a defendant, as well as additional factual allegations regarding the HOA's and Chen's alleged concealment of and failure to disclose facts regarding the water intrusion that Plaintiffs discovered in February-April 2023 through deposition discovery. Defendant Alta...

Excerpt: ...arina, LLC's (“AMLI”) Cross-Complaint. AMLI opposes the motion and AGI 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 pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake i...

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...

Excerpt: ...unfair competition; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract, stemming from Defendant's alleged refusal to honor Plaintiff's lifetime contract for access to the Gold's Gym location in Venice for $29 per month. Plaintiff moves to strike Defendant's answer. Defendant opposes the motion. MEET AND CONFER REQUIREMENT Code of Civil Procedure section 435.5, subdivision (a) requires, “Before filing a motion t...

Excerpt: ...laint on the basis of lack of personal jurisdiction. Plaintiff Todd Michael Schultz, appearing in pro per (“Plaintiff”) opposes the motion and Defendants reply. EVIDENTIARY OBJECTIONS Plaintiff's Opposition to Defendant's Motion to Quash is styled as a declaration and sworn under penalty of perjury. Defendants have therefore submitted evidentiary objections to various portions of Plaintiff's Opposition. To the extent Plaintiff intends the Opp...

Excerpt: ...d Material Facts 3. Defendant's Compendium of Exhibits 4. Defendant's Errata Declaration of Armando DeArcus OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points & Authorities 2. Declaration of Samantha Dewey-Gartner 3. Declaration of Rhonda Earick 4. Plaintiff's Separate Statement of Disputed Material Facts REPLY PAPERS: 1. Reply 2. Exhibit K – Declaration of Paola Orozco 3. Exhibit L – Declaration of Jaime Ra...

Excerpt: ...nt of good faith and fair dealing; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action are not alleged against Defendant Carrington Mortgage Services. Defendant Carrington Mortgage Services (“Defendant”) demurs to the third, fourth, fifth, and sixth causes of action on the grounds that they fail to state a cause of action and are uncertain pursuant to Code of Civil Proc...

Excerpt: ...nt replies. ANALYSIS 1. UNTIMELY 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 days before the hearing.” The court has discretion whether to consider late-filed papers. (Cal. Rules of Court, rule 3.1300(d).) The hearing on this motion to strike was not...

Excerpt: ... retaliation; (4) unfair business practices; (5) intentional infliction of emotional distress; and (6) fraud and deceit for allegedly discriminating against it three times in five years for exercising its “freedom of speech” by “making a complaint about being mistreated.” (See LAX Snak Trak Vending v. City National Bank, Los Angeles Superior Court Case No. 23STCV00130.) The Court sustained Defendant's unopposed demurrer to that complaint ...

Excerpt: ...contends that the “First Amended Complaint mistakenly alleges causes of action against Plaintiff's employer and supervisor, and mistakenly alleges that the owner of the property is Laterra Development, LLC.” (Ibid.) Plaintiff also seeks “to clarify the allegations against property owners 12575 Venice Investments LP and LT Building Corp.” (Ibid.) The motion is unopposed. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code...

Excerpt: ...int, for breach of contract and for common counts. Plaintiff opposes the demurrer. Defendant filed a reply on December 7, 2023. Under Code of Civil Procedure section 1005, subdivision (b), Defendant's reply was due on December 5 – 5 court days before the hearing. As such, the Court finds Defendant's reply to be untimely. Nevertheless, the Court exercises its discretion to consider the reply, except for the Declaration of Joseph Garica attached ...

Excerpt: ...ssolution of a working partnership between herself and Plaintiffs to jointly provide tax and legal services to Plaintiffs' aviation clients, and Defendants' alleged poaching of those clients. Plaintiffs Stephen R. Hofer (“Hofer”); Stephen R. Hofer Law Corporation d/b/a Aerlex Law Group (“ALG”); Aerlex Tax Services, LLC; and Aerlex Tax Services, LLP (together, “ATS”) (collectively, “Plaintiffs”) filed suit against Defendants Vicky ...

Excerpt: ...ebruary 24, 2023 and dismissing Defendant's cross- complaint filed on March 21, 2023 without prejudice. Specifically, Plaintiff requests the Court reconsider the dismissal without prejudice and dismiss Defendant's cross-complaint with prejudice. The motion is unopposed. ANALYSIS Under Code of Civil Procedure section 1008, subdivision (a), “[w]hen an application for an order has been made to a judge, or to a court, and refused in whole or in par...

Excerpt: ...edical Center (“Kaiser”), alleging causes of action for (1) medical malpractice; (2) battery; (3) breach of contract; (4) breach of implied contract; (5) lack of informed consent; (6) breach of fiduciary duty; (7) negligent infliction of emotional distress; and (8) fraud and deceit, stemming from a breast reduction and lift procedure Petitioner performed on Respondent at Kaiser in August of 2021. Kaiser has not yet appeared in the case. Petit...

Excerpt: ...n apartment building. Plaintiff Alexander Rivkin, MD (“Plaintiff”) brought suit against realtor Defendant Mario Gandara (“Gandara”) and Gandara's company, Defendant NAI Capital Commercial, Inc. (“NAI”) alleging three causes of action: (1) negligent misrepresentation; (2) professional negligence; and (3) breach of contract. NAI demurs to all three causes of action pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and...

Excerpt: ...eclaration of Stephen Robert Brown 4. Declaration of Outline Studios LLC 5. Declaration of Ashley Wendell 6. Request for Judicial Notice 7. Separate Statement of Undisputed Material Facts PLAINTIFFS' OPPOSITION PAPERS: 1. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Index of Evidence 3. Declaration of Stefan Wrobel 4. Request for Judicial Notice 5. Plaintiffs' Objections t...

Excerpt: ...endant Gamma Investors Group LLC. The motion is unopposed. LEGAL STANDARD Civil Code section 5975 provides: (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the associat...

Excerpt: ...ts Skyview Capital, LLC, Newnet Communications Technologies, LLC, Newnet Investment Group, Alex Soltani, and Christopher Aye (“Defendants”). The Complaint asserts causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) willful failure to pay wages; (4) quantum meruit; (5) promissory estoppel; (6) conversion; (7) intentional misrepresentation; (8) violation of Labor Code section 970; ...

Excerpt: ... prays for judgment for, among other things, a request for punitive damages in plaintiff's statement of damages that accompanied the summons and complaint.” The motion is unopposed. LEGAL STANDARD 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...

Excerpt: ... (“Plaintiff”) Complaint for Elder Abuse because Plaintiff fails to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike the claims for punitive damages, treble damage, and attorneys' fees. Plaintiff opposes both motions and Defendant replies to the oppositions. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in...

Excerpt: ...pany which sells weight-loss gum by falsely claiming Mr. Gretzky lost weight from his use of the product. Plaintiff's Third Amended Complaint (“TAC”) alleges causes of action against Defendants for fraud and negligent representation. Defendants demur to both causes of action 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 and Defendants rep...

Excerpt: ...Plaintiff”) Second Amended Complaint (“SAC”) on the grounds that the SAC is uncertain and fails to state a cause of action pursuant to Code of Civil Procedure 430.10, subdivisions (e) and (f). [2] Plaintiff opposes the demurrer and Defendants have replied. ANALYSIS 1. 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.) ...

Excerpt: ...efendants Skyview Capital, LLC, Newnet Communications Technologies, LLC, Newnet Investment Group, Alex Soltani, and Christopher Aye (“Defendants”). The Complaint asserts causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) willful failure to pay wages; (4) quantum meruit; (5) promissory estoppel; (6) conversion; (7) intentional misrepresentation; (8) violation of Labor Code sectio...

Excerpt: ...tively, “Plaintiffs”) filed a complaint against Defendants Law Offices of Saul Reiss, P.C., Saul Reiss and Firouzeh (Fay) Pugh for attorney malpractice. Firouzeh (Fay) Pugh (“Defendant”) moves the Court for orders compelling Plaintiffs to serve further responses to the following discovery requests: 1. Form Interrogatories (“FROG”), Set 1, Propounded to Plaintiff Matrix Clinical Research, Inc. · Propounded: June 27, 2023 · Responses ...

Excerpt: ... harassment against Defendants Santa Monica College and Human Resources Santa Monica College; Esperanza Bolivar-Owen; Kathryn E. Jeffery; Toni Trives; Esou Tovar; Nicholas Chambers; Eric Oifer; and Alan Kuykendall. On September 30, 2022, Plaintiff filed the First Amended Complaint (“FAC”). Plaintiff has not filed proofs of service regarding either the complaint or the first amended complaint. On February 15, 2023, Defendants Santa Monica Coll...

Excerpt: ...tion: (1) Fraud Concealment and Misrepresentation; (2) Negligent Misrepresentation; (3) Business & Professions Code § 17200; (4) Song- Beverly Consumer Warranty Act – Breach of Express Warranty; (5) Song-Beverly Consumer Warranty Act – Breach of Implied Warranty; and (6) Song-Beverly Consumer Warranty Act – Civil Code § 1793.2(b). Defendant demurs to the first three causes of action for Fraud Concealment and Misrepresentation; Negligent M...

Excerpt: ...ourt may “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” Code of Civil 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 Min...

Excerpt: ...Plaintiff”) opposes the motion and Defendant replies. ANALYSIS Untimely 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 days before the hearing.” The court has discretion whether to consider late- filed papers. (Cal. Rules of Court, rule 3.1300(d).) He...

Excerpt: ...Ngo (collectively, the “Ngo Parties”) are entitled to an order enforcing the settlement. The issue on a motion to enforce settlement agreement under Code of Civil Procedure section 664.6 is whether the parties entered into a valid and binding settlement agreement. (See Viejo v. Bancorp. (1989) 217 Cal.App.3d 200, 209, fn. 4 [“a court's power to make factual determinations under section 664.6 is generally limited to whether the parties enter...

Excerpt: ...ide Limited LLC (“Keyway” or “Plaintiff”) moves for leave to amend the complaint. Defendant and Cross-Complainant 25 Beverly Park Circle Propco, LLC (“Propco” or “Defendant”) opposes the motion. Plaintiff has replied. EVIDENCE 1. Keyway's Evidentiary Objections to Gershman Declaration The Court rules as follows on Keyway's Evidentiary Objections: 1. Overruled 2. Overruled 3. Overruled 4. Overruled 5. Overruled 6. Overruled 7. Over...

Excerpt: ...arsazad”) (collectively, “Plaintiffs”) for wrongful foreclosure. Defendant also moves to strike the request for punitive damages in Plaintiffs' Complaint. The motions are unopposed. REQUEST FOR JUDICIAL NOTICE Defendant requests the Court to take judicial notice of the following recorded documents: 1. “Grant Deed” from Celina Salas to Stradella Equity Holdings, LLC, recorded October 10, 2021 in the County of Los Angeles Recorder's Offic...

Excerpt: ...aintiff”) motion for terminating sanctions, striking the answer of, and entering defaults against, Defendants Eleuterio Bernardo Del Rosario and Zerlyn Fonseca Del Rosario (collectively, “Defendants”). (See July 26, 2023 Minute Order.) On October 10, 2023, the Court entered default judgment in the amount of $1,045,564.46, representing $44,466.46 in special damages; $1,000,000 in general damages; and $1,098 in costs. Defendants have each fil...

Excerpt: ...ine Construction, Inc.'s (“Plaintiff”) motion for summary judgment in its entirety. (See August 10, 2023 Minute Order.) Judgment was entered in favor of Silverline on September 11, 2023. (See September 11, 2023 Judgment.) Plaintiff now moves for an order awarding it $54,007.50 in attorneys' fees and $15,460.62 in prejudgment interest. Defendants PPF AMLI 4242 Via Marina, LLC; PPF AMLI 4242 Via Marina, LP; PPF AMLI 4242 Via Marina GP, LLC; and...

Excerpt: ...causes of action alleged in the Complaint, on the basis that they fail to state a cause of action and are uncertain pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f), respectively. Plaintiff untimely filed an opposition. Defendant has not replied. PLAINTIFF'S UNTIMELY OPPOSITION Code of Civil Procedure section 1005, subdivision (b) provides, “All papers opposing a motion […] shall be filed with the court and a copy ...

Excerpt: ...ile a second amended complaint to update the future damages. Plaintiff's motion is unopposed. 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 pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a...

Excerpt: ... the parties' stipulation submitting the parties' claims to arbitration. Page 2 of that stipulation provided “WHEREAS the Parties agree that the Court ordered written discovery closed (depositions and expert discovery can continue); and the deadlines associated with the trial date to file for Motions for Summary Judgment and Motions for Summary Adjudication have passed.” (March 5, 2020 Stipulation and Order Submitting Claims to Arbitration.) ...

Excerpt: ...re To Pay Wages Upon Termination; 3) Breach Of Contract; 4) Breach Of The Covenant Of Good Faith And Fair Dealing; 5) Wrongful Termination In Violation Of Public Policy; 6) Intentional Misrepresentation; 7) Negligent Misrepresentation; 8) Fraudulent Inducement Of Contract; and 9) Accounting. Defendant moves to compel Plaintiff to arbitrate the claims. Plaintiff opposes the motion and Defendant replies. LEGAL STANDARDS – MOTION TO COMPEL ARBITRA...

Excerpt: ...AC”) on the grounds of uncertainty pursuant to Code of Civil Procedure section 430.10, subdivision (f). Defendants additionally demur to the second and third causes of action for breach of fiduciary duty and intentional misrepresentation for failure to state causes of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendants reply. ANALYSIS 1. DEMURRER “It is black letter law tha...

Excerpt: ...t 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).) “A general appearance by a party is equivalent to personal service of summons on such party.” (Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4th 1135, 1145.) “A g...

Excerpt: ...enter alleges Defendants Birgitta Lauren (“Lauren”) and Erik K. Yohan AKA Eric Knipe (“Knipe”) (“Defendants”) unlawfully continued to occupy the subject condominium following its foreclosure of the property and subsequent purchase of the property at the foreclosure sale. With possession no longer at issue, Plaintiff's operative complaint seeks damages. Defendants have now brought a cross-complaint against Plaintiff and Mark Crittenden...

Excerpt: .... Defendants Pacific Source Insurance Agency, Inc. (“Pacific”) and Antoinette Turner (“Turner”), who is the Chief Executive Officer, Secretary, Chief Financial Officer, and Director of Pacific Source Insurance Agency (collectively, “Defendants”) demur to the second, twelfth, fourteenth, fifteenth, and sixteenth causes of action alleged in Plaintiff's First Amended Complaint (“FAC”) on the basis that they fail to state a cause of a...

Excerpt: ...w Gelis (“Defendants”) seek to strike portions of Plaintiff Pericles Chamis's (“Plaintiff”) Fifth Amended Complaint for medical malpractice, breach of fiduciary duty, and intentional misrepresentation. Plaintiff opposes, and Defendants reply. REQUEST FOR JUDICIAL NOTICE Defendants request that the Court take judicial notice of (1) the Notice of Ruling Re: Defendant Jeanne K. Hershey-Weber's (“Hershey-Weber”) Demurrer and Motion to Str...

Excerpt: ...for failure to comply with the Court's September 13 and 20 orders. Moore has not opposed the motion. LEGAL STANDARD When a party misuses the discovery process by disobeying a court order to provide discovery, the court in its discretion may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., §§ 2023.010, subd. (g), 2023.030, subds. (d)(1) & (d)(3); 2025.450, subd. (h), 2030.290, ...

Excerpt: ...ias Jan Emcke (“Plaintiff”) opposes the motion and Intervenor replies. EVIDENTIARY OBJECTIONS Intervenor objects to various portions of the Carvalho Declaration filed in support of Plaintiff's Opposition. The Court rules on the objections as follows: 1. Overruled 2. Overruled 3. Overruled 4. Overruled 5. Overruled 6. Overruled 7. Overruled 8. Overruled 9. Overruled 10. Overruled 11. Overruled 12. Overruled 13. Overruled 14. Overruled ANALYSIS...

Excerpt: ...ctice; (2) breach of fiduciary duty; and (3) intentional misrepresentation. Defendant Michelle Dinh, M.D. (“Defendant” or “Dinh”), who administered the anesthesia to Plaintiff, demurs to the second and third causes of action for failure to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendant replies. On reply, Defendant has requested that the Court consid...

Excerpt: ...Complainant Andre Wegner (“Defendant” or “Wegner”) for failure to comply with the Court's August 11, 2023 orders, ordering Wegner “to serve verified responses to the FROG, SPROG, and RFP, without objections” and “to pay monetary sanctions in the amount of $1,990 to Plaintiff, by and through counsel for Plaintiff, within 30 days of notice of the Court's orders.” (August 11, 2023 Minute Order.) Wegner has not opposed the motion. LEG...

Excerpt: ...the hearing on September 12, 2023, the Court determined that Plaintiff had not been served with the notice of motion and motion, and continued the hearing to October 31 to permit Defendant to properly serve Plaintiff. Defendant re-filed the motion for leave to file a cross-complaint, including a proof of service, indicating that Plaintiff was served electronically via Plaintiff's counsel at the email address [email protected] on September 14, 2023....

Excerpt: ...iff and Cross-Defendant Cheryl Baker, Successor Trustee of the Albert Leon Family Trust dated September 3, 1997 as amended and restated (“Plaintiff”) owns two residential real properties that Defendant and Cross-Complainant Austin Sherman (“Defendant”) resides in and occupies. (First Amended Complaint (“FAC”) ¶¶ 7-9.) Plaintiff brought suit for public and private nuisance, waste, and breach of contract, alleging Defendant is imprope...

Excerpt: ... subleases to separate cannabis businesses. (FAC ¶ 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. (FAC ¶¶ 2-14.) In the First Amended Complaint (“FAC”), Plaintiff has asserted six causes of action: (1) breach of contract; (2) breach of warranty of habita...

Excerpt: ...iffs' action failure to bring the action to trial within 5 years after commencement of the action. Plaintiffs have not opposed the motion. LEGAL STANDARD Under Code of Civil Procedure section 583.310, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” (Code Civ. Proc., § 583.310.) “An action shall be dismissed by the court on its own motion or on motion of the defendant, after not...

Excerpt: ... of action and for improper service of the three-day notice to pay or quit. Plaintiff opposes the demurrer. ANALYSIS 1. 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 ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal con...

Excerpt: ... tax advice Defendant allegedly gave to Plaintiff including the sale of real property to Plaintiff's financial detriment. Plaintiff opposes the motion and Defendant has replied. LEGAL STANDARDS – MOTION TO COMPEL ARBITRATION “[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 ano...

Excerpt: ...dant Prohealth Advanced Imaging Medical Group, Inc. (“Prohealth”) moves to compel responses from Defendant and cross-complainant, Hess D. Panah Esq (“Panah”) to Form Interrogatory Number 17 (Set Two) (“FROG-2”); Special Interrogatories (Set Two) (“SROG-2”); and Requests for Admission (Set Two) (“RFA-2”). Prohealth also seeks monetary sanctions in connection with the motions. Panah has not filed oppositions to the motions. LEGA...

Excerpt: ...h were used to access Plaintiff's online accounts, including an iPad in a butterfly case that was used by their young daughter. (Motion at pp. 2-3.) On August 3, the Court granted Plaintiff leave to amend the complaint to add two short statements that “Defendant breached other terms of the Settlement Agreement.” (August 3, 2023 Minute Order.) Following an IDC on September 11, 2023, Plaintiff now seeks to amend the complaint to change paragrap...

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. Unlawful Detainer Action On May 11, 2015, the Eisler Defendants to this acüon[l] filed an unlawful detamer complaint agamst Plaintiff Yazmin Ortiz ("Plaintiff') case number 15R02431. (See Exhibits B and C to the Defendants' Feb. 6, 2020 Request for Judicial Notice in...

Excerpt: ...efendant has not opposed the motion for leave to amend. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon lik...

Excerpt: ...dant Creating Culinary Communities, LLC MOTIONS Defendant Creating Culinary Communities, LLC (“Defendant”) demurs to the single cause of action in the complaint for breach of contract for failure to state a claim and uncertainty, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f) on the basis that Plaintiff failed to attach a copy of the contract and did not sufficiently allege the terms of the contract. Plaintiff Sn...

Excerpt: ...(“Defendant”) adjoining building caused damage to Plaintiff's building. Prior to initiating litigation, Plaintiff hired third party consultants Soil Pacific, Inc. and PSFEG, Inc. to evaluate the damage. Also prior to initiating litigation, Plaintiff sent Defendant copies of the consultant reports. Defendants have sent third party subpoenas to both Soil Pacific and PSFEG, seeking their respective records pertaining to Plaintiff's retention of ...

Excerpt: ...��EVM”); and Manfred Mauricio Quintanilla Hernandez (“Hernandez”) (collectively, “Defendants”). Plaintiff requested entry of a default and default judgment against Hernandez in the amount of $465,090, which is composed of past due rent in the amount of $134,575; holdover damages in the amount of $321,448.20; costs in the amount of $2,616.55; and attorneys' fees in the amount of $6,450.24. Plaintiff also requested entry of a default judg...

Excerpt: ...summons and complaint. Plaintiff Alexander Ramos (“Plaintiff”) opposes the motion. Defendant replies. 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 ...

Excerpt: ...mplaint alleges six causes of action: (1) tortious and contractual breach of the warranty of habitability; (2) private nuisance; (3) negligence; (4) breach of the implied covenant of quiet enjoyment; (5) violation of Santa Monica Municipal Code section 4.56.020 et seq.; and (6) violation of California Business and Professions Code section 17200 et seq. (unfair competition). Defendants Seasun Real Estate LLC and Yueer Xu (“Defendants”) demur t...

Excerpt: ...laintiff now moves for a new trial, following the Court's order granting Summary Judgment in Defendants' favor on the basis that Plaintiff assumed the risk in agreeing to climb and trim the tree. Defendants have opposed the motion. LATE‐FILED REPLY Defendants object to the Reply Brief, on the basis that Plaintiff filed it late. Code of Civil Procedure section 659a provides that a reply brief in support of a motion for a new trial shall be filed...

Excerpt: ...d into a confidential settlement agreement on August 16, 2022. (Motion at p. 3:22-23; Ex. A to Hutter Decl.) Plaintiff now seeks an order enforcing that settlement agreement. Defendant and Cross-Complainant Bird Rides (“Defendant”) opposes the motion and Plaintiff replies. LEGAL STANDARD (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settl...

Excerpt: ... construction, initiated the lawsuit against the project owners, Shane W. Josephs and Jennifer L. Josephs (the “Josephs”) on May 6, 2020. Subsequently, the Josephs (project owners) cross-complained against the general contractor, Zalman N., Inc. and Zalman T. Nemtzov (“Zalman”) and also substituted in via Doe amendments a subcontractor, MRB Construction and Marvin Ramos (“MRB”) for indemnity, etc. MRB (framing subcontractor) then cros...

Excerpt: ...l plate on a road while riding a motorcycle. The 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 Venue Residences, LLC (“Venue”) is the owner of the construction project. Venue, appearing specially, moves ...

Excerpt: ...e this case with related case, number 21STCV43580, and to continue the trial date and discovery cut-off dates to conform with the trial and discovery cut-off dates in 21STCV43580 (“-3580 related case”) which is related to 21STCV39105. Defendants Matrix Clinical Research, Inc.; Peyman Banooni; Stan Gershovich; and Faramarz [Fred] Shaham (collectively, “Defendants”) oppose the motion. EVIDENTIARY OBJECTIONS Request for Judicial Notice Plain...

Excerpt: ...sa Shaaya (“Moussa”) to Appear and Testify at Deposition and to Produce Documents, and for monetary sanctions. Moussa opposes the motion. LEGAL STANDARDS Where the witness whose deposition is sought is not a party or a “party-affiliated” witness, a subpoena must be served to compel his or her attendance, testimony, or production of documents. (Code Civ. Proc., § 2020.010, subd. (a)(1).) If a nonparty disobeys a deposition subpoena, the s...

Excerpt: ...rnative, evidentiary, and monetary sanctions against Defendant Craig Chisvin (“Defendant”) for failure to comply with the Court's July 26, 2023 Order, ordering Defendant to serve verified responses without objections to the Form Interrogatories (“FROG”) served on October 11, 2022 and to pay monetary sanctions of $1,520 within 30 days of notice of the Court's order. (July 26, 2023 Order.) Defendant filed an untimely opposition and Plaintif...

Excerpt: ... his prior gym contract at $29 per month, and refusing to let Plaintiff enter the Gold's Gym in Venice without paying either $900 per year or $100 per month. (Complaint ¶¶ 13-14.) Plaintiff moves to enjoin Defendants from denying him entry to the Venice Gym at the contract rate of $29 per month. Defendants oppose the motion and Plaintiff has replied. LEGAL STANDARDS Pursuant to Code of Civil Procedure section 527, subdivision (a), “[a] prelim...

Excerpt: ...to the Second, Fourth, Sixth, Seventh, and Eighth causes of action for uncertainty and failure to state a cause of action, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f). Defendants also demur to the Second cause of action as duplicative. Ellenbogen additionally demurs to the Ninth cause of action (which was not asserted as to Sunflower) for uncertainty and for failure to state a cause of action, pursuant to Code of ...

Excerpt: ...s and complaint. Defendants have each filed nearly identical motions to quash. Plaintiff Susan Ellen Rosen (“Plaintiff”) has filed identical oppositions to each motion. Defendants have not filed replies. 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 ...

Excerpt: ...onal injury lawsuit. On February 14, 2023, Plaintiffs and Cross-Defendants The Lawman Group, APC and Shahin Gozarkhah (“Cross-Defendants”) filed suit against Defendants and Cross-Complainants California Lawyers Group, Inc. and Mitra Chegini (“Cross-Complainants”) for breach of contract, common counts, compensation for legal services, and declaratory relief, alleging Cross- Defendants did most of the work on the client's case, yet Cross-Co...

Excerpt: ... Rollo Tomassi Trust (“Plaintiffs”) oppose the motion. Defendant has filed a reply. 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. (2) To stay or dismiss the ...

Excerpt: ... of Action for “Failure to Pay Lawful Wages, Including Overtime” and in the request for damages under the first cause of action. The motion is unopposed. Trial in this matter is currently set for October 16, 2023. 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 ple...