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...