Excerpt: ...dgment in favor of Defendants and Cross-Complainants California Physicians' Service dba Blue Shield of California and Blue Shield of California Life & Health Insurance Company (“Defendants”), following a non-jury trial that commenced on May 31, 2023 before the Honorable Alison Mackenzie. On July 17, 2023, the case was reassigned to the Honorable Michael E. Whitaker, who took over as the judicial officer in Department 207 of the Beverly Hills ...

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. BACKGROUND Unlawful Detainer Action On May 11, 2015, the Eisler Defendants to this action [1] filed an unlawful detainer complaint against Plaintiff Yazmin Ortiz (“Plaintiff”), case number 15R02431. (See Exhibits B and C to the Defendants' Feb. 6, 2020 Request fo...

Excerpt: ...ted September 3, 1997 as amended and restated (“Baker”) owns two residential real properties that Defendant and Cross-Complainant Austin Sherman (“Sherman”) occupies. (Complaint ¶¶ 7-9.) Baker brought suit for public and private nuisance, waste, and breach of contract, alleging Defendant is improperly running a commercial cannabis business out of the two residential properties. (See Complaint.) Sherman cross-complained, alleging four ca...

Excerpt: ...Hoppus and Mark Hoppus, as trustees of the Rollo Tomassi Trust (“Plaintiffs”). Defendant demurs to the single cause of action alleged in Plaintiffs' complaint for enforcement of Beverly Hills Resolution No. 1840, pursuant to Code of Civil Procedure section 430.10, subdivision (d), on the grounds that Plaintiffs failed to join a necessary party, Southpac Trust International, Inc., as co- owner of Defendant's property. Plaintiffs oppose the dem...

Excerpt: ...hich Defendant contends is meritless and was brought in bad faith. Plaintiff opposes the motion and Defendant replies. ANALYSIS Per Code of Civil Procedure section 128.5, “[a] trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (C...

Excerpt: ...�Plaintiff” or “Pacific”) motion for summary adjudication. (See August 10, 2023 Minute Order.) Pacific subsequently dismissed the remaining causes of action, and judgment was entered in favor of Pacific on November 20, 2023. (See November 20, 2023 Judgment.) On January 30, 2024, the Court awarded Pacific its costs. (See January 30, 2024 Minute Order.) Plaintiff now moves to recover attorneys' fees and prejudgment interest as the prevailing ...

Excerpt: ...suant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike allegations regarding emotional distress and attorneys' fees, as well as allegations for “damages” under the third cause of action for unfair business practices. The motions are unopposed. REQUEST FOR JUDICIAL NOTICE Defendant requests the Court to take judicial notice of the following documents: 1. Deed of Trust recorded December 21, 2021 in Offi...

Excerpt: ...ngeles County; SML Investors, LLC; 624 Lincoln Blvd. Apartments; and Yi Pan, alleging five causes of action for (1) Damages Based on Governmental Tort Liability and Negligence (Gov. Code, § 835); (2) Negligence; (3) Premises Liability; (4) Private Nuisance; and (5) Public Nuisance. As to Defendant City of Santa Monica (“Defendant”), Plaintiff only alleges the first cause of action. Defendant City of Santa Monica demurs to the first (and only...

Excerpt: ...ning causes of action, and judgment was entered in favor of Pacific 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 PPF AMLI 4242 Via Marina, LLC (“AMLI” or “Defendant”...

Excerpt: ...g the border of the adjacent properties of Plaintiffs Thomas Walter Trimborn and Paula Jane Trimborn, co-trustees of the Trimborn Community Property Trust U/D/T July 12, 2001 (“Plaintiffs” or “Trimborn”) and Defendant The Stephen S. Wise Temple (“Defendant” or “Temple.”) Plaintiffs' property is a single family dwelling, and Defendant's property is a Jewish synagogue, which includes an elementary school and an early-learning school...

Excerpt: ...plaint (“FAC”) for Breach of Written Contract 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 the demurrer. ANALYSIS 1. DEMURRERS “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 actio...

Excerpt: ...old the property to Propco. Thereafter, Propco leased the property back to Keyway which then subleased the property to Kimora Lee Simmons (“Simmons”) and Tim Leissner (“Leissner”). According to Propco, neither Keyway, nor Simmons or Leissner, paid rent on the lease, and the lease expired in November 2021. Simmons continues to occupy the property per Propco. Keyway contends the 2020 sale to Propco and lease-back were fraudulently executed ...

Excerpt: ... breach of implied covenant of good faith and fair dealing; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. Defendant California Fair Plan Association (“Defendant”) demurs to all six 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). Defendant also moves to strike Plaintiff's claims for mental and emotiona...

Excerpt: ...Show Cause 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...

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