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