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...

Excerpt: ...ssolution of a working partnership between herself and Plaintiffs to jointly provide tax and legal services to Plaintiffs' aviation clients, and Defendants' alleged poaching of those clients. Plaintiffs Stephen R. Hofer (“Hofer”); Stephen R. Hofer Law Corporation d/b/a Aerlex Law Group (“ALG”); Aerlex Tax Services, LLC; and Aerlex Tax Services, LLP (together, “ATS”) (collectively, “Plaintiffs”) filed suit against Defendants Vicky ...

Excerpt: ...contends that the “First Amended Complaint 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. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code...

Excerpt: ...int, for breach of contract and for common counts. Plaintiff opposes the demurrer. Defendant filed a reply on December 7, 2023. Under Code of Civil Procedure section 1005, subdivision (b), Defendant's reply was due on December 5 – 5 court days before the hearing. As such, the Court finds Defendant's reply to be untimely. Nevertheless, the Court exercises its discretion to consider the reply, except for the Declaration of Joseph Garica attached ...

Excerpt: ...edical Center (“Kaiser”), alleging causes of action for (1) medical malpractice; (2) battery; (3) breach of contract; (4) breach of implied contract; (5) lack of informed consent; (6) breach of fiduciary duty; (7) negligent infliction of emotional distress; and (8) fraud and deceit, stemming from a breast reduction and lift procedure Petitioner performed on Respondent at Kaiser in August of 2021. Kaiser has not yet appeared in the case. Petit...

Excerpt: ...n apartment building. Plaintiff Alexander Rivkin, MD (“Plaintiff”) brought suit against realtor Defendant Mario Gandara (“Gandara”) and Gandara's company, Defendant NAI Capital Commercial, Inc. (“NAI”) alleging three causes of action: (1) negligent misrepresentation; (2) professional negligence; and (3) breach of contract. NAI demurs to all three causes of action pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and...

Excerpt: ...eclaration of Stephen Robert Brown 4. Declaration of Outline Studios LLC 5. Declaration of Ashley Wendell 6. Request for Judicial Notice 7. Separate Statement of Undisputed Material Facts PLAINTIFFS' OPPOSITION PAPERS: 1. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Index of Evidence 3. Declaration of Stefan Wrobel 4. Request for Judicial Notice 5. Plaintiffs' Objections t...

Excerpt: ...endant Gamma Investors Group LLC. The motion is unopposed. LEGAL STANDARD Civil Code section 5975 provides: (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the associat...

Excerpt: ...ts Skyview Capital, LLC, Newnet Communications Technologies, LLC, Newnet Investment Group, Alex Soltani, and Christopher Aye (“Defendants”). The Complaint asserts causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) willful failure to pay wages; (4) quantum meruit; (5) promissory estoppel; (6) conversion; (7) intentional misrepresentation; (8) violation of Labor Code section 970; ...

Excerpt: ... prays for judgment for, among other things, a request for punitive damages in plaintiff's statement of damages that accompanied the summons and complaint.” The motion is unopposed. LEGAL STANDARD 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...

Excerpt: ... (“Plaintiff”) Complaint for Elder Abuse because Plaintiff fails to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike the claims for punitive damages, treble damage, and attorneys' fees. Plaintiff opposes both motions and Defendant replies to the oppositions. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in...

Excerpt: ...pany which sells weight-loss gum by falsely claiming Mr. Gretzky lost weight from his use of the product. Plaintiff's Third Amended Complaint (“TAC”) alleges causes of action against Defendants for fraud and negligent representation. Defendants demur to both causes of action 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 and Defendants rep...

Excerpt: ...Plaintiff”) Second Amended Complaint (“SAC”) on the grounds that the SAC is uncertain and fails to state a cause of action pursuant to Code of Civil Procedure 430.10, subdivisions (e) and (f). [2] Plaintiff opposes the demurrer and Defendants have replied. 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.) ...

Excerpt: ...efendants Skyview Capital, LLC, Newnet Communications Technologies, LLC, Newnet Investment Group, Alex Soltani, and Christopher Aye (“Defendants”). The Complaint asserts causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) willful failure to pay wages; (4) quantum meruit; (5) promissory estoppel; (6) conversion; (7) intentional misrepresentation; (8) violation of Labor Code sectio...

Excerpt: ...tively, “Plaintiffs”) filed a complaint against Defendants Law Offices of Saul Reiss, P.C., Saul Reiss and Firouzeh (Fay) Pugh for attorney malpractice. Firouzeh (Fay) Pugh (“Defendant”) moves the Court for orders compelling Plaintiffs to serve further responses to the following discovery requests: 1. Form Interrogatories (“FROG”), Set 1, Propounded to Plaintiff Matrix Clinical Research, Inc. · Propounded: June 27, 2023 · Responses ...

Excerpt: ... harassment against Defendants Santa Monica College and Human Resources Santa Monica College; Esperanza Bolivar-Owen; Kathryn E. Jeffery; Toni Trives; Esou Tovar; Nicholas Chambers; Eric Oifer; and Alan Kuykendall. On September 30, 2022, Plaintiff filed the First Amended Complaint (“FAC”). Plaintiff has not filed proofs of service regarding either the complaint or the first amended complaint. On February 15, 2023, Defendants Santa Monica Coll...

Excerpt: ...tion: (1) Fraud Concealment and Misrepresentation; (2) Negligent Misrepresentation; (3) Business & Professions Code § 17200; (4) Song- Beverly Consumer Warranty Act – Breach of Express Warranty; (5) Song-Beverly Consumer Warranty Act – Breach of Implied Warranty; and (6) Song-Beverly Consumer Warranty Act – Civil Code § 1793.2(b). Defendant demurs to the first three causes of action for Fraud Concealment and Misrepresentation; Negligent M...