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: ...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: ......

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: ...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 ...

Excerpt: ...nt, 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, a company that conducts clinical trials for drug development, in which Plai...

Excerpt: ...ation of Angela A. Zanin 4. Declaration of Estee C. Natale 5. Request for Judicial Notice 6. Separate Statement of Undisputed Material Facts PLAINTIFFS' OPPOSITION PAPERS: 1. Opposition to Defendant's Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Michael Hart 3. Compendium of Exhibits 4. Separate Statement of Undisputed Material Facts DEFENDANT'S REPLY PAPERS: 1. Reply to Plaintiff's Opposition t...

Excerpt: ... Flynn Adams (“Flynn”) and Christoper Adams (together, “Plaintiffs”) leased, with the intent to purchase in the future. Plaintiffs' first amended complaint (“FAC”), alleges fourteen causes of action for (1) breach of statutory duties; (2) negligence; (3) maintenance of a nuisance and trespass; (4) breach of lease agreement; (5) breach of contract; (6) fraud and deceit; (7) negligent misrepresentation; (8) breach of the duty of good fa...