Excerpt: ...ta (“Mehta”) (collectively, “Cross-Defendants”) demur to both causes of action—for breach of contract and fraud—alleged in Defendant and Cross-Complainant Back to Total Health's (“BTTH”) Cross- Complaint. Cross-Defendants also move to strike the alter ego allegations and request for punitive damages in BTTH's Cross-Complaint. This case stems from a dispute over leased commercial property. Xenon filed a complaint against BTTH for b...

Excerpt: ...er 21, 2019. Defendants Adrian and Rumph were married until Defendant Adrian's death on August 16, 2022. (See Rumph Decl. attached to March 22, 2023 Opposition to Motion for Judgment, ¶ 8.) At the unlawful detainer trial on January 21, 2020, the Court was apprised that Defendants had vacated the property as of January 20, 2020, so the Court converted the action to an ordinary civil action, pursuant to Civil Code section 1952.3, to recover the ba...

Excerpt: ...itchens Inc.'s (“Millbrook”) Cross-Complaint. Chan also moves to strike the request for punitive damages in Milbrook's Cross-Complaint. This case stems from a dispute over the installation of artificial turf at Chan's home. Chan filed suit for breach of contract, breach of the implied covenant of good faith and fair dealing, intentional misrepresentation, negligent misrepresentation, professional negligence, and violations of business and pro...

Excerpt: ...endant”) for Intentional Misrepresentation; Breach of Contract; Breach of the Covenant of Good Faith and Fair Dealing; and Breach of the Duty of Loyalty. Plaintiff moves the Court for orders compelling Defendant to serve further responses to the following discovery requests: 1. Special Interrogatories (“SROG”), Set 1, Propounded to Defendant · Propounded: October 13, 2022 · Responses Served: March 16, 2023 · Motion Filed: July 31, 2023 2...

Excerpt: ...ort of Motion for Summary Adjudication 5. Index of Exhibits 6. Request for Judicial Notice 7. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Carlos E. Garcia in Support of Plaintiff's Opposition to Defendant's Motion for Summary Adjudication 3. Separate Statement of Additional D...

Excerpt: ...”) alleging causes of action for medical malpractice, violations of the Consumer Legal Remedies Act (“CLRA”), fraud, and Unlawful Business Practices based on a combination of two intimate medical procedures Plaintiff alleges Defendants “botched.” Defendants demurred to the CLRA, fraud, and Unlawful Business Practices causes of action and moved to strike the prayer for punitive damages. The Court sustained the demurrer to the CLRA cause ...

Excerpt: ...e construction, initiated the lawsuit against the project owners on May 6, 2020. On February 16, 2021, Plaintiff amended the complaint to substitute Defendant MRB Construction, Inc. (“MRB”) for DOE 1. Cross-Defendant Marvin Ramos (“Ramos”) is the principal for MRB. Defendant and Cross-complainant Zalman N., Inc. is the general contractor for the construction. Defendant and Cross-complainant Zalman T. Nemtzov is the sole shareholder and pr...

Excerpt: ...) for (1) Breach of Written Contract; (2) Violation of Civil Code sections 1102, et seq.; (3) Fraud; and (4) Fraudulent Concealment stemming from Defendants' alleged misrepresentation/failure to disclose conditions of the residential property Defendants sold to Plaintiff. Defendants now move to compel Plaintiff to arbitrate his claims. Plaintiff opposes the motion and Defendants have replied. LEGAL STANDARD – MOTION TO COMPEL ARBITRATION “[T]...

Excerpt: ...C; Los Angeles Teen Outpatient Center, LLC; Centered Health, LLC; John Doe, claiming she was sexually assaulted at The Hills substance abuse treatment center. [1] Plaintiff alleges causes of action for (1) General Negligence; (2) Negligent Hiring, Retention, and Supervision; (3) Sexual Assault; (4) Battery; (5) Sexual Battery; (6) Negligent Failure to Warn; (7) Vicarious Liability for Sexual Assault; (8) Vicarious Liability for Sexual Battery; (9...

Excerpt: ...nding balance owed to Plaintiff that omit the $18,749.21 in prejudgment interest awarded by the Court and also contain other improper deductions to the outstanding balance owed. Defendant has not opposed the motion. BACKGROUND This case stems from a loan Plaintiff extended to Defendant to finance Defendant's new business, which Defendant failed to repay, pursuant to the parties' loan agreement. On November 14, 2019, the Court entered a default ju...

Excerpt: ...ule 3.110(b), and the complaint is therefore subject to dismissal pursuant to Government Code section 68608, subd. (b) and Code of Civil Procedure section 575.2, subd. (a); and (2) Plaintiff failed to serve Defendant with the complaint within 2 years after the action was commenced, and it is therefore subject to dismissal pursuant to Code of Civil Procedure sections 583.410, subd. (a) and 583.420, subd. (a)(1). Plaintiff, representing himself in ...

Excerpt: ...risa”); DH Distribution Inc. (“DHD”); Beverly Hills Escrow, Inc. (“BHE”) (collectively, “Defendants”) stemming from a real property dispute. [1] DHD is operated by Individual Defendants, Sergey (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, Attachment 1h, [hereinafter “NRC”] ¶ 2; First Amended Complaint [herein...

Excerpt: ...ove to strike from the complaint, paragraphs 32, 49, and Request for Relief paragraph 4, representing allegations that Defendant's conduct was willful, oppressive, and malicious, and Plaintiff's request for punitive damages. Plaintiff opposes and Defendant has replied. ANALYSIS 1. 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. P...

Excerpt: ...aintiff Shawn Dreamer (“Plaintiff”) brought suit on December 16, 2019, against the various owners and managers of the dwelling he leased: defendants Ray Consulting Group Ventures, Inc (“Defendant Ray”); Rayco Electronic Manufacturing, Inc. [erroneously sued as Rayco Electronics Manufacturing, Inc.]; Suraj Development Corp.; Usha Patel; Mayan Patel; Brenda Jaime; and Stephanie Preciado (collectively, “Defendants.”) On January 9, 2023, ...

Excerpt: ...dicated Defendants had breached the parties' settlement agreement, and the matter was set for trial. Plaintiff was to file and serve an opening brief by March 15, 2023, Defendant to file and serve an opposition by March 29, 2023, and Plaintiff to file and serve a reply (if any) by April 10, 2023. A non- jury trial regarding the breach of the settlement agreement was scheduled for May 17, 2023. (February 22, 2023 Minute Order.) [1] On March 14, 20...

Excerpt: ...laint, bringing two causes of action for breach of contract and negligence. Plaintiff previously moved for summary judgment, arguing, among other things, that Defendant lacked a valid contractor's license when he installed the flooring in Plaintiff's home. The Court denied Plaintiff's motion for summary judgment because Plaintiff failed to establish the elements of his breach of contract and negligence claims, and Plaintiff had not alleged a caus...

Excerpt: ...ctively, “Defendants”) alleging 12 causes of action stemming from allegations that Defendants sabotaged the business and financial operations of United Clinical, causing its corporate status to be suspended. (Complaint ¶ 12.) On August 3, 2022, Plaintiff Peyman Banooni dismissed the Ninth Cause of Action, Plaintiff Stan Gershovich dismissed the Eleventh Cause of Action, and Plaintiff Faramarz (Fred) Shaham dismissed the Tenth cause of action...

Excerpt: ...nt Bird Rides, Inc. (“Bird Rides”) has not opposed the motion to seal. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public, pursuant to a potent “open court” policy undergirded by the First Amendment and favoring the public nature of court proceedings.¿ (Cal. Rules of Court, rule 2.550(c); see also¿ NBC Subsidiary (KNBC‐TV), Inc. v. Superior Court¿(1999)¿20 Cal.4th 1178, 1199...

Excerpt: ...mediate the asbestos released into Plaintiff's condominium unit. Defendants oppose the motion and Plaintiff replies. LEGAL STANDARD Pursuant to Code of Civil Procedure section 527, subdivision (a), “[a] preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor.” (Cod...

Excerpt: ...after, Plaintiff alleges the subject vehicle had defects related to the body system, steering system, and safety system. (Complaint ¶ 12.) Plaintiff allegedly provided Defendant FCA US LLC (“Defendant”) an opportunity to service or repair the subject vehicle, but Defendant was unable to cure the alleged defect. (Complaint ¶¶ 14-15.) Accordingly, Plaintiff contends that under the Song-Beverly Consumer Warranty Act, Defendant had the statuto...

Excerpt: ... paragraphs of allegations regarding public injunctive relief; add seven paragraphs of allegations pertaining to the unfair competition law cause of action; add a cause of action for declaratory relief; and add a request for attorneys' fees. Defendant has not filed an opposition to the motion. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance ...

Excerpt: ... vehicle. (Complaint, ¶¶ 13-14.) Thereafter, Plaintiff alleges that the subject vehicle had defects related to the transmission and transmission, and he delivered the subject vehicle to Defendant General Motors (“Defendant”). (Complaint, ¶¶ 15-17.) But Defendant was unable to cure the alleged defect. (Complaint, ¶ 18.) Accordingly, Plaintiff contends that under the Song-Beverly Act, Defendant had the statutory duty to either repurchase o...

Excerpt: ...ix to “provide further, Code-compliant responses to Plaintiff's discovery within 30 days of this order” and to pay monetary sanctions. (See April 4, 2023 Minute Order.) Matrix opposes the motion and seeks monetary sanctions against Plaintiff. Landver has filed a reply. ANALYSIS 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 ...

Excerpt: ...t to Code of Civil Procedure section 430.10, subdivisions (e) and (f) on the grounds that the complaint is uncertain and fails to state a cause of action upon which relief can be granted. Plaintiff has not opposed the demurrer. ANALYSIS 1. MEET AND CONFER REQUIREMENTS Code of Civil Procedure, section 430.41, subd. (a) provides: “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by teleph...

Excerpt: ...ay 15, 2023, following a bench trial. Plaintiff now brings this motion to recover its reasonable attorneys' fees pursuant to Civil Code section 1717. Defendant opposes the motion. Plaintiff replies to the opposition. LEGAL STANDARD Civil Code section 1717 provides, in relevant portion: “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be aw...

Excerpt: ...e; Request for Sanctions 2. Declaration of Joshua D. Schein in support of Defendant's Motion to Compel 3. Separate Statement in Support of Defendant's Motion to Compel PLAINTIFF'S OPPOSTION 1. Plaintiff's Opposition to Defendant's Motion to Compel Third Party Palo Alto's Compliance with Subpoena 2. Declaration of Peter Morris in Support of Plaintiff's Opposition to Defendant's Motion to Compel Third Party Palo Alto's Compliance with Subpoena 3. D...

Excerpt: ...st Defendant and Cross-Complainant, Sam's Bagels (“Sam's”), bringing claims under the Unruh Civil Rights Act and the California Disabled Persons Act, alleging that Sam's Bagels failed to comply with the accessibility requirements of the Americans with Disabilities Act. Sam's filed a cross-complaint against Whitaker and Whitaker's counsel, Cross-Defendants the Center for Disability Access; Mark Potter, Esq.; Amanda Seabock, Esq.; Candice Clipn...

Excerpt: ...) medical battery; (3) lack of informed consent; (4) misrepresentation-concealment; (5) negligent misrepresentation; (6) constructive fraud; (7) breach of contract; (8) breach of warranty; and (9) invasion of privacy. Subsequently, Plaintiff retained counsel to represent her. On February 2, 2023, Plaintiff's counsel executed a stipulation to dismiss causes of action 2, 4, and 5-9, leaving just the medical negligence and lack of informed consent c...

Excerpt: ...issue at a trustee's sale, following the prior owner'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 filed a se...

Excerpt: ...ty”). (Complaint, ¶ 1.) The Property is part of a common interest development governed by the 1012 2nd Street Homeowners Association (“HOA”). (Id. at ¶ 2.) On April 8, 2020, Lauren Prakke (“Prakke”), who owned Unit 2 located directly above the Property, left her bathtub running until it overflowed. That incident caused water to flow through the walls and ceiling of Plaintiff's Property directly below, resulting in damage to Plaintiff'...

Excerpt: ...��Defendants”) alleging causes of action for medical malpractice, violations of the Consumer Legal Remedies Act (“CLRA”), fraud, and Unlawful Business Practices based on a combination of two intimate medical procedures Plaintiff alleges Defendants “botched.” Defendants demurred to the CLRA, fraud, and Unlawful Business Practices causes of action and moved to strike the claim for punitive damages. The Court overruled the demurrers, but g...

Excerpt: ...Associates, Inc.; Michelle Dinh, M.D.; Jeanne Hershey-Weber; Andrew Gelis; Melanie Kerr; Sean Ravaei; Soma Surgery Center; and DOES 1- 10. Plaintiff's fourth amended complaint alleges three causes of action as to all defendants: (1) professional negligence – medical malpractice; (2) breach of fiduciary duty; and (3) intentional misrepresentation. Defendant Jeanne K. Hershey-Weber (“Defendant”) demurs to the second and third causes of action...

Excerpt: ...es (“James”), Landry Design Group, Inc., Richard Landry, and Todd Reily (collectively, “Cross-Defendants”) alleging causes of action for (1) breach of contract; (2) fraudulent inducement; (3) negligent interference with contract, and (4) negligence. The first two causes of action for breach of contract and fraudulent inducement are alleged only as to James and McNulty, while the third and fourth causes of action are alleged only as to the...

Excerpt: ...e fallen ill with a bacterial infection in February 2023. (Motion at p. 3.) The Court notes that the parties filed a joint stipulation on February 16, 2023, that did not mention any illness. On March 24, 2023, the parties' joint witness list and exhibit lists were due. Plaintiff's counsel filed the documents, but they were not signed by Defendant's counsel. Moreover, Defendant's counsel did not file joint or separate witness or exhibit lists. The...

Excerpt: ...est for Judicial Notice in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment with Declaration of Damages DEFENDANTS' OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Declaration of Paul Guez in Support of Defendants' Opposition to Motion for Summary Judgment 3. Request for Judicial Notice in Support of Opposition to Motion for Summary Judgment 4. D...

Excerpt: ...ome Debt Fund, LLC (“Plaintiff”) moves to compel responses from Defendant Andre Wegner (“Wegner”) to Form Interrogatories, set one (FROG); Special Interrogatories, set one (SPROG); and Requests for Production of Documents, set one (RFP). In addition, Plaintiff moves to deem admitted the matters specified in Requests for Admission, set one (RFA). Plaintiff seeks monetary sanctions in connection with the four motions. Plaintiff has not file...

Excerpt: ...ompel Plaintiff Shana Ricks (“Plaintiff” or “Ricks”) to arbitrate her employment discrimination, sexual harassment, and related claims. Plaintiff opposes the motion and Defendants reply. LEGAL STANDARD “[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...

Excerpt: ...ack owed rent not paid during the COVID-19 pandemic. Cross-Complainant now moves for an award of reasonable attorneys' fees, pursuant to the terms of the lease agreement. Cross- Defendant has not filed an opposition. ANALYSIS Entitlement to Attorneys' Fees Code of Civil Procedure section 1021 provides “[e]xcept as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is...

Excerpt: ...y Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Mac W. Cabal in Support of Motion for Summary Judgment/Adjudication 3. Declaration of Clinton Walker in Support of Motion for Summary Judgment/Adjudication 4. Request for Judicial Notice in Support of Motion for Summary Judgment/Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication AMLI'S AND FIDELITY'S ...

Excerpt: ... Summary Adjudication 4. Declaration of James Sciolla in Support of Motion for Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication PLAINTIFFS' OPPOSITION PAPERS: 1. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Mark Romano in Support of Plaintiffs' Opposition to ...

Excerpt: ...es of action and adding eleven new causes of action, bringing the total causes of action to twenty (20), and deleting and updating many of the factual allegations to account for events uncovered in discovery, which have occurred both before and after February 2022, when the original complaint was filed in this case. Defendant Ghods and Defendant Plusarch, Inc. (“Defendants”) oppose the motion, and Plaintiff has filed a reply. LEGAL STANDARDS ...

Excerpt: ...are Center, LLC erroneously sued as Country Villa Westwood Nursing Center (“Defendant”), claiming Defendant committed elder abuse and negligence against Plaintiff while in Defendant's care. Defendant demurs to the elder abuse cause of action, on the ground that it fails to plead with particularity facts sufficient to constitute an elder abuse cause of action and is uncertain under Code of Civil Procedure section 430.10, subdivisions (e) and (...

Excerpt: ...d Material Facts and Supporting Evidence 3. Declaration of William S. Edic OPPOSITION PAPERS: Cross-Defendant Boudreau Pipeline Corporation's Opposition: 1. Opposition to Motion for Summary Judgment 2. Separate Statement 3. Declaration of A. Kerry Stack 4. Notice of Lodgment of Exhibits Cross-Defendant/Cross-Complainant R-3 Contractors, Inc.'s Opposition: 1. Opposition to Motion for Summary Judgment 2. Separate Statement 3. Declaration of Lori R....

Excerpt: ...action originally alleged for breach of contract and negligence, and to replace them with a single cause of action under Cal. Bus. & Prof. Code § 7031(b), to recoup all compensation Plaintiff paid to Defendant as an unlicensed contractor. Defendant has not filed an opposition to the motion. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of...

Excerpt: ...rds iso Geotechnical's Motion for Summary Judgment/Adjudication 3. Declaration of Michael K. Wolder iso Geotechnical's Motion for Summary Judgment/Adjudication 4. Geotechnical's Appendix of Evidence 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication WESTERN NATIONAL BUILDERS' OPPOSITION PAPERS: 1. Western National's Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Points ...

Excerpt: ... are necessary to allow Plaintiff to request discovery about whether Plaintiff violated other provisions of the settlement agreement, besides the return of certain Apple electronic devices to Plaintiff. Specifically, Plaintiff suspects Defendant may have breached the non-disparagement clause of the settlement agreement reached in a prior action between the parties. Defendant opposes the motion, and Plaintiff has filed a reply. LEGAL STANDARD Amen...

Excerpt: ... and Peter McNulty MOTIONS This lawsuit arises out of a dispute concerning Defendant and Cross-Complainant BFF Construction, Inc.'s (“BFF”) construction of Plaintiff and Cross-Defendant Nanette James's (“James”) and Cross-Defendant Peter McNulty's (“McNulty”) $5 million Malibu home. James sued to recover for alleged construction defects, and BFF sued James and McNulty for fraudulent inducement, alleging that James and McNulty misrepre...

Excerpt: ...s The Blackpointe Group and Blackpoint Group Construction & Management Inc. (collectively, “Blackpointe”). Blackpointe filed a motion for an order determining good faith settlement. Remaining Defendants Carol Tolchin; CT Prop Management, LLC; and David R. Townley Company (“Remaining Defendants”) oppose the motion. ANALYSIS A. THE LAW GOVERNING GOOD FAITH SETTLEMENTS Under section 877.6 of the Code of Civil Procedure, [1] “[a] determinat...

Excerpt: ...iving Trust, dated September 17, 2007 2. Plaintiffs Bobbie Reif and Dan Herman PLAINTIFFS' MOVING PAPERS: 1. Notice of Motion and Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Plaintiff Bobbie Reif in Support of Motion for Summary Judgment/Adjudication 3. Declaration of Plaintiff Dan Herman in Support of Motion for Summary Judgment/Adjudication 4. Request for Judicial Notice in Support of Motion ...

Excerpt: ... her to invest in a third-party company which sells weight-loss gum by falsely claiming Mr. Gretzky lost weight from his use of the product. Plaintiff's Second Amended Complaint (“SAC”) filed on April 18, 2023 alleges causes of action against Defendants for fraud and negligent representation. Defendants move to strike the SAC as untimely and in the alternative demur to both causes of action, arguing each fails to state with specificity facts ...

Excerpt: ... Host, LLC (“Ultimate”), The Nightfall Group, LLC (“TNG”), Nightfall Realty, Inc. (“NRI”), Mokhtar Jabli (“Jabli”), Daniel Dangoor (“Dangoor”) (all together, “Defendants”) for 1) breach of written contract, 2) bad faith retention of security deposit, 3) civil conspiracy, 4) fraud, 5) conversion, 6) unfair business practices, and 7) common count. Plaintiff leased a residence from Ultimate pursuant to a lease agreement (“L...

Excerpt: ...d promissory notes executed by Defendant. Defendant did not respond to Plaintiff's Complaint and a default judgment was entered against him by the Court. Plaintiff now seeks a charging order levying Defendant's interest in limited liability company Equiticom, LLC pursuant to Code of Civil Procedure section 708.310 and Corporations Code section 17705.03. Defendant does not oppose the requested relief, however his spouse, third party Fadwa Galal, f...

Excerpt: ...n Fonececa Del Rosario (collectively, “Defendants”). In the alternative, Plaintiff seeks an order compelling Defendants to comply with the Court's May 22, 2023 order and additional monetary sanctions. Defendants have not filed oppositions to the motions. ANALYSIS The court has discretion to impose a terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2025.450, subd. (h), 2030.290...

Excerpt: ... of a surgery performed by Dr. Aziz Rasooli, D.P.N. (“Defendant”) and Dr. James Emory, M.D. (collectively, “Defendants”). Plaintiff alleges that Defendants performed the surgery improperly which resulted in unnecessary complications and injury to Plaintiff's leg. (Complaint, ¶ 11.) Plaintiff filed her Complaint on November 12, 2021, alleging one count of medical negligence. Defendant filed the instant Motion for Summary Judgment (“Moti...

Excerpt: ...ndon Farm”), Jake Seal (“Seal”), Screen Media Ventures, LLC (“Screen Media”), Independent Frame, LLC (“Independent Frame”), Orwo Film Distribution, LLC (“Orwo”), PVS Studios, LLC (“PVS Studios”), and Chicken Soup for the Soul Entertainment, Inc. (“CSSE”) (collectively, the “Defendants”). The motion is unopposed. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivisio...

Excerpt: ...f Good Faith Settlement MOTION Plaintiff Isac Hernandez (“Plaintiff”) settled his claims against Defendants/Cross-Defendants MRB Construction, Inc. and Marvin Ramos (collectively, “MRB”). The MRB Parties move for a determination that their settlement with Plaintiff was entered into in good faith. Cross-Complainants Shane W. Josephs and Jennifer L. Josephs (collectively, the “Josephs”) oppose the motion. The Court notes that the Joseph...

Excerpt: ...n. Plaintiff replies. EVIDENTIARY OBJECTIONS Plaintiff submitted evidentiary objections to the Declaration of Jacob O. Partiyeli submitted in opposition to this Motion. Objections Nos 1 and 2 are SUSTAINED. Objections Nos. 3 to 5 are OVERRULED. ANALYSIS I. Legal Standard “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to o...

Excerpt: ...rom an alleged breach of contract. Ian Herzog (“Plaintiff”) sues Fidelity National Home Warranty , Inc. dba FNHW (“Defendant”) for four causes of action: 1. Breach of Contract 2. Fraud 3. Intentional Infliction of Emotional Distress 4. Intentional Tort – Insurance Bad Faith Plaintiff alleges that Defendant failed to replace a water heater in his condominium in accordance with the FNHW Contract and its terms of coverage. (Complaint, ¶ B...

Excerpt: ...oes 1 through 20 for 1) breach of fiduciary duty 2) financial elder abuse, 3) undue influence, 4) breach of oral contract, and 5) negligence. Overturf was allegedly Plaintiff's financial planner, money manager, option trader, crypto currency trader, and a stock, equity, commodity, and securities investor. (Complaint ¶ 2.) Sisu is a business entity that acted in support of Overturf's financial adviser/money manager activities. (Id. at ¶ 3.) Plai...

Excerpt: ...f Civil Procedure § 2025.620(d). Additionally, Defendant seeks to leave serve a medical records subpoena on Encino Medical Center. Lastly, Defendant seeks monetary sanctions against Plaintiff and his attorney of record, jointly and severally, in the amount of $924 pursuant to Code of Civil Procedure § 2024.050(c). Plaintiff David Allsop (“Plaintiff”) opposes the motion. ANALYSIS As a preliminary matter, the Court finds that the instant moti...

Excerpt: ...ruary 28, 2020, Plaintiff filed this action against Defendant Costco Wholesale Corporation (Defendant), alleging two causes of action for general negligence and premises liability. On June 2, 2023, Defendant filed the instant motion for an order enforcing the settlement agreement under Code of Civil Procedure section 664.6. The motion is unopposed. ANALYSIS (a) If parties to pending litigation stipulate, in a writing signed by the parties outside...

Excerpt: ... Khodaverdi, Joseph Ghadir, Parvin Ghadir, and Joseph and Parvin Ghadir as Trustees of the Ghadir Family 1996 Trust (hereinafter “moving Cross Defendants”) for indemnification, apportionment of fault, declaratory relief, general negligence, motor vehicle, loss of consortium, and comparative fault. On June 12, 2023, the Court heard moving Cross Defendants' ex parte application to continue trial. At that hearing, the Court advanced the hearing ...

Excerpt: ...ves to strike Plaintiff's claim for punitive damages. Plaintiff has not filed an opposition to either the demurrer or motion to strike. ANALYSIS 1. REQUEST FOR JUDICIAL NOTICE Defendant requests that the Court take judicial notice of (1) the First Amended Complaint, and (2) documents submitted in a related criminal case, BA447410. The Court grants this request pursuant to Evidence Code section 452, subdivision (d). 2. DEMURRER “It is black lett...

Excerpt: ... judgment can be heard at least 30 days before the trial date. Defendant's motion for summary judgment is set for February 28, 2024. Trial is scheduled for March 4, 2024. The motions are 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 considering a request for a tria...

Excerpt: ...nt Executive Investments, Inc. (“Defendant”). (See Complaint, pp. 4-5.) Defendant moves the Court for an order compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendant (Motion A) a. Propounded: July 22, 2022 b. Responded: August 23, 2022 c. Motion Filed: May 12, 2023 2. Special Interrogatories, Set 1, Propounded to Defendant (Motion B) a. Propounded: July 22...

Excerpt: ...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 the authority of the court, compliance with the statutes governing service of process is essential to establish that court's personal juris...

Excerpt: ...re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial. Whether the parties have stipulated to the postponement is a relevant factor for consideration. (See Code Civ. Proc., § 595.2...

Excerpt: ...poses the motion. Plaintiff replies. ANALYSIS Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) On January 6, 2023, Plaintiff served ...

Excerpt: ... July 19, 2024 so that such motion may be heard at least 30 days prior to the current trial date of November 28, 2023 or, in the alternative, continue the trial date to August 29, 2024 or shortly thereafter. Plaintiffs Eduard and Grigor Davtyan's (“Plaintiffs”) counsel filed a declaration in response to Defendant's instant motion. Plaintiffs do not oppose the instant motion. (Karapetian Decl., ¶ 3.) Should the Court advance the hearing date,...

Excerpt: ...fendant replies. JUDICIAL NOTICE The Court grants Defendant's request for judicial notice. (Evid. Code, § 452, subd. (d) [providing that a court may take judicial notice of court records].) ANALYSIS A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadin...

Excerpt: ...fs did not file an opposition to the motion. Instead, on June 6, 2023, counsel for Plaintiffs, Hector Vega (Vega) through Hardip Passanati, appeared at the hearing arguing that Plaintiffs complied with the Court's order of December 20, 2022 Based upon counsel for Plaintiffs' representation, the Court continued the hearing on the motion and ordered the parties to file declarations regarding compliance with the Court's order of December 20, 2022. O...

Excerpt: ...ss-Defendant Destination Shuttle Services (DSS). The motion is unopposed. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he 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 re...

Excerpt: ...lliam collided with Plaintiffs' vehicle while driving under the influence of alcohol. Defendants move to strike Plaintiff's prayer for punitive damages. Plaintiffs oppose the motion. ANALYSIS 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 ...

Excerpt: ...e Summary Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication [1] 4. Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Judgment, or in the Alternative Summary Adjudication 2. Plaintiff's Request for Judicial Noti...

Excerpt: ...fourth cause of action for intentional infliction of emotional distress (IIED). Defendant also moves to strike Plaintiff's claim and prayer for punitive damages. Plaintiff opposes the motion and demurrer. Defendant replies. 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...

Excerpt: ...IS 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 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 do...

Excerpt: ...ummary Judgment 4. Notice of Lodging and Lodging of Video and Screen Shots in Support of Motion for Summary Judgment 5. Evidence in Support of Motion for Summary Judgment 6. Appendices of Non-California Authorities in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Objections to Summary Judgment Evidence 3. Plaintiff's Response Separate Statement of Disputed Material Facts and Additional U...

Excerpt: ... unopposed. DISCUSSION Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so specifies; to produce any specified documents; and to appear at a court session if the subpoena so specifies. (Code Civ. Proc., § 2020.220, subd. (c).) A deponent who disobeys a deposition subpoena may be punished for contempt without the necessity of a prior o...

Excerpt: ... with the motion. Defendant opposes the motion. Plaintiff replies. ANALYSIS Here, on December 22, 2022, Plaintiff served the first deposition notice for Defendant's PMQ on Defendant. Plaintiff noticed the deposition of the PMQ for January 17, 2023. On January 12, 2023, when Plaintiff emailed Defendant's counsel to confirm attendance at the January 17, 2023 deposition, Defendant's Counsel stated that Defendant never received notice of the depositi...

Excerpt: ...UND Plaintiff Geraldine Easley (Plaintiff) sued Defendant City of Long Beach (City) based on an incident in which Plaintiff allegedly tripped and fell while walking up a gangway when her sandal caught between a gap between two metal plates. Plaintiff asserts a premises liability claim against City. City moves for summary judgment, or in the alternative, summary adjudication, on Plaintiff's complaint. Plaintiff has not filed an opposition. LEGAL S...

Excerpt: ...ACMTA demurs to the Second Amended Complaint (SAC) which contains two general negligence claims: Second Cause of Action – General Negligence and Third Cause of Action – General Negligence. (See SAC, pp. 5 & 6.) LACMTA further moves to strike portions of the SAC. Plaintiff has not filed an opposition to either the demurrer or motion to strike. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the all...

Excerpt: ...inarily, the Court notes that Defendant is requesting monetary sanctions in connection with the motion. However, Defendant failed to include its request for monetary sanctions in the notice of motion, violating basic procedural due process (notice and an opportunity to be heard). Consequently, the Court shall deny Defendant's request for monetary sanctions. Further, Defendant argues Plaintiff's opposition is untimely and thus should not be consid...

Excerpt: ...LYSIS A party seeking to require an adverse party to submit to a mental examination must obtain leave of court. (Code Civ. Proc., § 2032.310, subd. (a).) The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the person who will perform the examination. (Code Civ. Proc., § 2032.310, subd. (b).) The court may grant the motion and o...

Excerpt: ...aintiff replies. ANALYSIS 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 in any other respect; and may, upon like terms, enlarge the time for answe...

Excerpt: ...dent over an electric scooter parked on a sidewalk. Defendant Bird Rides, Inc. (Bird) demurs to the third cause of action in Plaintiff's First Amended Complaint (FAC) for products liability. Plaintiff opposes the demurrer. Defendant replies. Preliminarily, in opposition Plaintiff argues that she has not significantly altered the third cause of action from the Complaint to the FAC, and thus the third cause of action cannot be subject to a demurrer...

Excerpt: ... evidentiary support and further Plaintiff has failed to dismiss her claims against Defendant for the improper purpose of extracting a nuisance value settlement. Plaintiff opposes the motion. Defendant replies. ANALYSIS Code of Civil Procedure section 128.7 states that a court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other similar papers that does not meet the following criteria: (1) It is not bei...

Excerpt: ...lies 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 party seeking relief from...

Excerpt: ...f Alex J. Balian 8. Notice of Errata; Declaration of Mitchell D. Kaylor; Exhibit to Declaration of Alex J. Balian OPPOSITION PAPERS: 1. Plaintiff's Notice of Non-Opposition to Motion for Summary Judgment 2. Declaration of Angelo Z. Perillo in Support of Opposition to Plaintiff's Improper Use of Motion for Summary Judgment Procedure [1] REPLY PAPERS: 1. Plaintiff's Reply to Plaintiff's Non-Opposition and to New Vision's Declaration BACKGROUND Plai...

Excerpt: ...ON PAPERS: Opposition; Memorandum of Points and Authorities . Response to Statement of Undisputed Material Facts Separate Statement of Additional Material Facts 4. Separate Volume of Exhibits Declaration of Anna Mezhebovskaya 6. Declaration of Shawma Morgan Declaration of Zachary M. Moore REPLY PAPERS: Reply Evidentiary Objections Reply and Response to Opposition to Separate Statement of Undisputed Material Facts Reply to Separate Statement of Ad...

Excerpt: ...73, subdivision (b), a court may "relieve a party- or his or her legal representative from a judgment, dismissal, order, or other proceeding taken againsthim or her through his or her mistake, inadvertence, surprise, or excusable neglect." In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorneys sworn affidavit attesting to the attornefs mis...

Excerpt: ...473, subdivision (b), a court may "relieve a party- or his or her legal representative from a judgment, dismissal, order, or other proceeding taken againsthim or her through his or her mistake, inadvertence, surprise, or excusable neglect." In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorneys sworn affidavit attesting to the attornefs mi...

Excerpt: ...ants to Mercuty Insurance Group. Defendants oppose the motion. ANALYSIS 1. DISCOVERY -GENERAL PRINCIPLES "The purpose of the discovety rules is to enhance the math-seeking function of the litigation process and eliminate trial strategies that focus on gamesmanship and surprise. In other the discovery process is designed to make a trial less a game of blindman's bluff and more a fair contest with the basic issues and facts disclosed to the fullest...

Excerpt: ...on. Plaintiffs further allege that Defendant Preston Young Dae Kim negligently operated a motor vehicle owned by Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC CDefendant"). (See Complaint, First Cause of Action, p. 1.) Defendant moves the Court for orders compelling Plaintiffs to provide further responses to the following discovery requests: 4. Special Interrogatories, Set 1, Propounded to Plaintiff Nahla Alicia Kandah (Motion A) a....

Excerpt: ...tion of Alvina Garcia; Declaration of Terry Parvin Request for Judicial Notice Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgm ent Index of Exhibits Notice of Non-Opposition to Defendants' Motion for Summary Judgment OPPOSITION PAPERS: N/A REPLY PAPERS: N/A BACKGROUND Plamtiff Michelle Garza (Plaintim sued Defendant Sam Chmelnicki individually and as Trustee of the Samuel Chmelnicki 2006 Living Trust dated A...

Excerpt: ... at an event hosted at Standard Hotel's night club. On December 9, 2022, Plaintiff filed an amendment to the Complaint naming Bryan Rabin, Inc. (Rabin) as Doe Defendant 2. Rabin demurs to Plaintiffs premises liability cause of action as It pertains to Rabin, argumg Plamtiffs December 9, 2022, Doe Amendment does not relate back to the original filing date of the complaint, and thus Plaintiffs claim agamst Rabin is time barred. Additionally, Rabin ...

Excerpt: ...ere injured as a result of motor vehicle collision. Plaintiffs further allege that Defendant Raul Espinoza, who is employed by Defendant City of Haurthorne ("Defendant') negligently operated the vehicle that collided with the vehicle occupied by Plaintiffs. (See Complaint, pp. 4-6.) Defendant moves the Court for an order compelling Plaintiffs Hagen and Washington to provide further responses to the following discovety requests: Request for Identi...

Excerpt: ...ovmgs) to Lopez Income Tax/Alex Lopez. The motion is unopposed. ANALYSIS 1. DISCOVERY -GENERAL PRINCIPLES "The purpose of the discovety rules is to enhance the math-seeking function of the litigation process and eliminate trial strategies that focus on gamesmanship and surprise. In other the discovery process is designed to make a trial less a game of blindman's bluff and more a fair contest with the basic issues and facts disclosed to the fulles...

Excerpt: ...ifO opposes the motion. Defendant replies. 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 considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a...

Excerpt: ...d. Plaintiff opposes the demurrer. Defendants reply. Preliminarily, Plamtiff asserts that Defendants failed to comply with the meet and confer requirement pursuant to Code of Civil Procedure, section 439, subdivision "Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party- shall meet and confer in person or by telephone With the parv who filed the pleading that is subject to the motion for judgment on the ...

Excerpt: ...isputed Material Facts in Support of Motion for Summary Judgment[l] Declaration of Austin Smith OPPOSITION PAPERS: Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities Separate Statement of Disputed and Undisputed Material Facts in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: Reply in Support of Motion for Summary Judgment Objection to Plaintiffs Separate Statement of Material Facts BACKGROUND Plam...