Excerpt: ...ourt may “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” Code of Civil 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 Min...

Excerpt: ...Plaintiff”) opposes the motion and Defendant replies. ANALYSIS 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).) He...

Excerpt: ...Ngo (collectively, the “Ngo Parties”) are entitled to an order enforcing the settlement. The issue on a motion to enforce settlement agreement under Code of Civil Procedure section 664.6 is whether the parties entered into a valid and binding settlement agreement. (See Viejo v. Bancorp. (1989) 217 Cal.App.3d 200, 209, fn. 4 [“a court's power to make factual determinations under section 664.6 is generally limited to whether the parties enter...

Excerpt: ...ide Limited LLC (“Keyway” or “Plaintiff”) moves for leave to amend the complaint. Defendant and Cross-Complainant 25 Beverly Park Circle Propco, LLC (“Propco” or “Defendant”) opposes the motion. Plaintiff has replied. EVIDENCE 1. Keyway's Evidentiary Objections to Gershman Declaration The Court rules as follows on Keyway's Evidentiary Objections: 1. Overruled 2. Overruled 3. Overruled 4. Overruled 5. Overruled 6. Overruled 7. Over...

Excerpt: ...arsazad”) (collectively, “Plaintiffs”) for wrongful foreclosure. Defendant also moves to strike the request for punitive damages in Plaintiffs' Complaint. The motions are unopposed. REQUEST FOR JUDICIAL NOTICE Defendant requests the Court to take judicial notice of the following recorded documents: 1. “Grant Deed” from Celina Salas to Stradella Equity Holdings, LLC, recorded October 10, 2021 in the County of Los Angeles Recorder's Offic...

Excerpt: ...aintiff”) motion for terminating sanctions, striking the answer of, and entering defaults against, Defendants Eleuterio Bernardo Del Rosario and Zerlyn Fonseca Del Rosario (collectively, “Defendants”). (See July 26, 2023 Minute Order.) On October 10, 2023, the Court entered default judgment in the amount of $1,045,564.46, representing $44,466.46 in special damages; $1,000,000 in general damages; and $1,098 in costs. Defendants have each fil...

Excerpt: ...ine Construction, Inc.'s (“Plaintiff”) motion for summary judgment in its entirety. (See August 10, 2023 Minute Order.) Judgment was entered in favor of Silverline on September 11, 2023. (See September 11, 2023 Judgment.) Plaintiff now moves for an order awarding it $54,007.50 in attorneys' fees and $15,460.62 in prejudgment interest. Defendants PPF AMLI 4242 Via Marina, LLC; PPF AMLI 4242 Via Marina, LP; PPF AMLI 4242 Via Marina GP, LLC; and...

Excerpt: ...causes of action alleged in the Complaint, on the basis that they fail to state a cause of action and are uncertain pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f), respectively. Plaintiff untimely filed an opposition. Defendant has not replied. PLAINTIFF'S 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 ...

Excerpt: ...ile a second amended complaint to update the future damages. Plaintiff's motion is unopposed. 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...

Excerpt: ... the parties' stipulation submitting the parties' claims to arbitration. Page 2 of that stipulation provided “WHEREAS the Parties agree that the Court ordered written discovery closed (depositions and expert discovery can continue); and the deadlines associated with the trial date to file for Motions for Summary Judgment and Motions for Summary Adjudication have passed.” (March 5, 2020 Stipulation and Order Submitting Claims to Arbitration.) ...

Excerpt: ...re To Pay Wages Upon Termination; 3) Breach Of Contract; 4) Breach Of The Covenant Of Good Faith And Fair Dealing; 5) Wrongful Termination In Violation Of Public Policy; 6) Intentional Misrepresentation; 7) Negligent Misrepresentation; 8) Fraudulent Inducement Of Contract; and 9) Accounting. Defendant moves to compel Plaintiff to arbitrate the claims. Plaintiff opposes the motion and Defendant replies. LEGAL STANDARDS – MOTION TO COMPEL ARBITRA...

Excerpt: ...AC”) on the grounds of uncertainty pursuant to Code of Civil Procedure section 430.10, subdivision (f). Defendants additionally demur to the second and third causes of action for breach of fiduciary duty and intentional misrepresentation for failure to state causes of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendants reply. ANALYSIS 1. DEMURRER “It is black letter law tha...

Excerpt: .... Defendants Pacific Source Insurance Agency, Inc. (“Pacific”) and Antoinette Turner (“Turner”), who is the Chief Executive Officer, Secretary, Chief Financial Officer, and Director of Pacific Source Insurance Agency (collectively, “Defendants”) demur to the second, twelfth, fourteenth, fifteenth, and sixteenth causes of action alleged in Plaintiff's First Amended Complaint (“FAC”) on the basis that they fail to state a cause of a...

Excerpt: ...enter alleges Defendants Birgitta Lauren (“Lauren”) and Erik K. Yohan AKA Eric Knipe (“Knipe”) (“Defendants”) unlawfully continued to occupy the subject condominium following its foreclosure of the property and subsequent purchase of the property at the foreclosure sale. With possession no longer at issue, Plaintiff's operative complaint seeks damages. Defendants have now brought a cross-complaint against Plaintiff and Mark Crittenden...

Excerpt: ...t 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).) “A general appearance by a party is equivalent to personal service of summons on such party.” (Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4th 1135, 1145.) “A g...

Excerpt: ...w Gelis (“Defendants”) seek to strike portions of Plaintiff Pericles Chamis's (“Plaintiff”) Fifth Amended Complaint for medical malpractice, breach of fiduciary duty, and intentional misrepresentation. Plaintiff opposes, and Defendants reply. REQUEST FOR JUDICIAL NOTICE Defendants request that the Court take judicial notice of (1) the Notice of Ruling Re: Defendant Jeanne K. Hershey-Weber's (“Hershey-Weber”) Demurrer and Motion to Str...

Excerpt: ...for failure to comply with the Court's September 13 and 20 orders. Moore has not opposed the motion. LEGAL STANDARD 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 a party's pleading or dismissing the action of the party. (Code Civ. Proc., §§ 2023.010, subd. (g), 2023.030, subds. (d)(1) & (d)(3); 2025.450, subd. (h), 2030.290, ...

Excerpt: ...ias Jan Emcke (“Plaintiff”) opposes the motion and Intervenor replies. EVIDENTIARY OBJECTIONS Intervenor objects to various portions of the Carvalho Declaration filed in support of Plaintiff's Opposition. The Court rules on the objections as follows: 1. Overruled 2. Overruled 3. Overruled 4. Overruled 5. Overruled 6. Overruled 7. Overruled 8. Overruled 9. Overruled 10. Overruled 11. Overruled 12. Overruled 13. Overruled 14. Overruled ANALYSIS...

Excerpt: ...ctice; (2) breach of fiduciary duty; and (3) intentional misrepresentation. Defendant Michelle Dinh, M.D. (“Defendant” or “Dinh”), who administered the anesthesia to Plaintiff, demurs to the second and third causes of action for failure to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendant replies. On reply, Defendant has requested that the Court consid...

Excerpt: ...Complainant Andre Wegner (“Defendant” or “Wegner”) for failure to comply with the Court's August 11, 2023 orders, ordering Wegner “to serve verified responses to the FROG, SPROG, and RFP, without objections” and “to pay monetary sanctions in the amount of $1,990 to Plaintiff, by and through counsel for Plaintiff, within 30 days of notice of the Court's orders.” (August 11, 2023 Minute Order.) Wegner has not opposed the motion. LEG...

Excerpt: ...the hearing on September 12, 2023, the Court determined that Plaintiff had not been served with the notice of motion and motion, and continued the hearing to October 31 to permit Defendant to properly serve Plaintiff. Defendant re-filed the motion for leave to file a cross-complaint, including a proof of service, indicating that Plaintiff was served electronically via Plaintiff's counsel at the email address [email protected] on September 14, 2023....

Excerpt: ...iff and Cross-Defendant Cheryl Baker, Successor Trustee of the Albert Leon Family Trust dated September 3, 1997 as amended and restated (“Plaintiff”) owns two residential real properties that Defendant and Cross-Complainant Austin Sherman (“Defendant”) resides in and occupies. (First Amended Complaint (“FAC”) ¶¶ 7-9.) Plaintiff brought suit for public and private nuisance, waste, and breach of contract, alleging Defendant is imprope...

Excerpt: ... subleases to separate cannabis businesses. (FAC ¶ 1.) Plaintiff alleges that Defendant misrepresented that these buildings each had 800 AMPS of power capacity, which cannabis businesses require, when they only had 400 AMPS of capacity, which is insufficient to run a cannabis business. (FAC ¶¶ 2-14.) In the First Amended Complaint (“FAC”), Plaintiff has asserted six causes of action: (1) breach of contract; (2) breach of warranty of habita...

Excerpt: ...iffs' action failure to bring the action to trial within 5 years after commencement of the action. Plaintiffs have not opposed the motion. LEGAL STANDARD Under Code of Civil Procedure section 583.310, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” (Code Civ. Proc., § 583.310.) “An action shall be dismissed by the court on its own motion or on motion of the defendant, after not...

Excerpt: ... of action and for improper service of the three-day notice to pay or quit. Plaintiff opposes the demurrer. 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.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal con...