Excerpt: ...d into a confidential settlement agreement on August 16, 2022. (Motion at p. 3:22-23; Ex. A to Hutter Decl.) Plaintiff now seeks an order enforcing that settlement agreement. Defendant and Cross-Complainant Bird Rides (“Defendant”) opposes the motion and Plaintiff replies. LEGAL STANDARD (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settl...

Excerpt: ...laintiff now moves for a new trial, following the Court's order granting Summary Judgment in Defendants' favor on the basis that Plaintiff assumed the risk in agreeing to climb and trim the tree. Defendants have opposed the motion. LATE‐FILED REPLY Defendants object to the Reply Brief, on the basis that Plaintiff filed it late. Code of Civil Procedure section 659a provides that a reply brief in support of a motion for a new trial shall be filed...

Excerpt: ...mplaint alleges six causes of action: (1) tortious and contractual breach of the warranty of habitability; (2) private nuisance; (3) negligence; (4) breach of the implied covenant of quiet enjoyment; (5) violation of Santa Monica Municipal Code section 4.56.020 et seq.; and (6) violation of California Business and Professions Code section 17200 et seq. (unfair competition). Defendants Seasun Real Estate LLC and Yueer Xu (“Defendants”) demur t...

Excerpt: ... construction, initiated the lawsuit against the project owners, Shane W. Josephs and Jennifer L. Josephs (the “Josephs”) on May 6, 2020. Subsequently, the Josephs (project owners) cross-complained against the general contractor, Zalman N., Inc. and Zalman T. Nemtzov (“Zalman”) and also substituted in via Doe amendments a subcontractor, MRB Construction and Marvin Ramos (“MRB”) for indemnity, etc. MRB (framing subcontractor) then cros...

Excerpt: ...l plate on a road while riding a motorcycle. The 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 Venue Residences, LLC (“Venue”) is the owner of the construction project. Venue, appearing specially, moves ...

Excerpt: ...e this case with related case, number 21STCV43580, and to continue the trial date and discovery cut-off dates to conform with the trial and discovery cut-off dates in 21STCV43580 (“-3580 related case”) which is related to 21STCV39105. Defendants Matrix Clinical Research, Inc.; Peyman Banooni; Stan Gershovich; and Faramarz [Fred] Shaham (collectively, “Defendants”) oppose the motion. EVIDENTIARY OBJECTIONS Request for Judicial Notice Plain...

Excerpt: ...sa Shaaya (“Moussa”) to Appear and Testify at Deposition and to Produce Documents, and for monetary sanctions. Moussa opposes the motion. LEGAL STANDARDS Where the witness whose deposition is sought is not a party or a “party-affiliated” witness, a subpoena must be served to compel his or her attendance, testimony, or production of documents. (Code Civ. Proc., § 2020.010, subd. (a)(1).) If a nonparty disobeys a deposition subpoena, the s...

Excerpt: ...rnative, evidentiary, and monetary sanctions against Defendant Craig Chisvin (“Defendant”) for failure to comply with the Court's July 26, 2023 Order, ordering Defendant to serve verified responses without objections to the Form Interrogatories (“FROG”) served on October 11, 2022 and to pay monetary sanctions of $1,520 within 30 days of notice of the Court's order. (July 26, 2023 Order.) Defendant filed an untimely opposition and Plaintif...

Excerpt: ... his prior gym contract at $29 per month, and refusing to let Plaintiff enter the Gold's Gym in Venice without paying either $900 per year or $100 per month. (Complaint ¶¶ 13-14.) Plaintiff moves to enjoin Defendants from denying him entry to the Venice Gym at the contract rate of $29 per month. Defendants oppose the motion and Plaintiff has replied. LEGAL STANDARDS Pursuant to Code of Civil Procedure section 527, subdivision (a), “[a] prelim...

Excerpt: ...to the Second, Fourth, Sixth, Seventh, and Eighth causes of action for uncertainty and failure to state a cause of action, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f). Defendants also demur to the Second cause of action as duplicative. Ellenbogen additionally demurs to the Ninth cause of action (which was not asserted as to Sunflower) for uncertainty and for failure to state a cause of action, pursuant to Code of ...

Excerpt: ...s and complaint. Defendants have each filed nearly identical motions to quash. Plaintiff Susan Ellen Rosen (“Plaintiff”) has filed identical oppositions to each motion. Defendants have not filed replies. LEGAL STANDARDS “A defendant, on or before the last day of his or her time to plead or within any further time that 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 ...

Excerpt: ...onal injury lawsuit. On February 14, 2023, Plaintiffs and Cross-Defendants The Lawman Group, APC and Shahin Gozarkhah (“Cross-Defendants”) filed suit against Defendants and Cross-Complainants California Lawyers Group, Inc. and Mitra Chegini (“Cross-Complainants”) for breach of contract, common counts, compensation for legal services, and declaratory relief, alleging Cross- Defendants did most of the work on the client's case, yet Cross-Co...

Excerpt: ... Rollo Tomassi Trust (“Plaintiffs”) oppose the motion. Defendant has filed a reply. LEGAL STANDARDS “A defendant, on or before the last day of his or her time to plead or within any further time that 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. (2) To stay or dismiss the ...

Excerpt: ... of Action for “Failure to Pay Lawful Wages, Including Overtime” and in the request for damages under the first cause of action. The motion is unopposed. Trial in this matter is currently set for October 16, 2023. 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 ple...

Excerpt: ... Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Aysia Williams in Support of Motion for Summary Judgment/Adjudication 3. Declaration of Craig Morrow in Support of Motion for Summary Judgment/Adjudication 4. Declaration of Joseph Z. Mkyran in Support of Motion for Summary Judgment/Adjudication 5. Request for Judicial Notice in Support of Motion for Summary Judgment/Adjudication 6. Notice of Lodgment in Support of Mot...

Excerpt: ...otion. LEGAL STANDARDS “A defendant, on or before the last day of his or her time to plead or within any further time that 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).) “[W]hen jurisdiction is challenged by a nonresident defenda...

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: ...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: ... 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: ...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: ...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: ...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: ...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...