Excerpt: ... tax advice Defendant allegedly gave to Plaintiff including the sale of real property to Plaintiff's financial detriment. Plaintiff opposes the motion and Defendant has replied. LEGAL STANDARDS – MOTION TO COMPEL ARBITRATION “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with ano...

Excerpt: ...dant Prohealth Advanced Imaging Medical Group, Inc. (“Prohealth”) moves to compel responses from Defendant and cross-complainant, Hess D. Panah Esq (“Panah”) to Form Interrogatory Number 17 (Set Two) (“FROG-2”); Special Interrogatories (Set Two) (“SROG-2”); and Requests for Admission (Set Two) (“RFA-2”). Prohealth also seeks monetary sanctions in connection with the motions. Panah has not filed oppositions to the motions. LEGA...

Excerpt: ...h were used to access Plaintiff's online accounts, including an iPad in a butterfly case that was used by their young daughter. (Motion at pp. 2-3.) On August 3, the Court granted Plaintiff leave to amend the complaint to add two short statements that “Defendant breached other terms of the Settlement Agreement.” (August 3, 2023 Minute Order.) Following an IDC on September 11, 2023, Plaintiff now seeks to amend the complaint to change paragrap...

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. Unlawful Detainer Action On May 11, 2015, the Eisler Defendants to this acüon[l] filed an unlawful detamer complaint agamst Plaintiff Yazmin Ortiz ("Plaintiff') case number 15R02431. (See Exhibits B and C to the Defendants' Feb. 6, 2020 Request for Judicial Notice in...

Excerpt: ...efendant has not opposed the motion for leave to amend. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "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 in any other respect; and may, upon lik...

Excerpt: ...dant Creating Culinary Communities, LLC MOTIONS Defendant Creating Culinary Communities, LLC (“Defendant”) demurs to the single cause of action in the complaint for breach of contract for failure to state a claim and uncertainty, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f) on the basis that Plaintiff failed to attach a copy of the contract and did not sufficiently allege the terms of the contract. Plaintiff Sn...

Excerpt: ...(“Defendant”) adjoining building caused damage to Plaintiff's building. Prior to initiating litigation, Plaintiff hired third party consultants Soil Pacific, Inc. and PSFEG, Inc. to evaluate the damage. Also prior to initiating litigation, Plaintiff sent Defendant copies of the consultant reports. Defendants have sent third party subpoenas to both Soil Pacific and PSFEG, seeking their respective records pertaining to Plaintiff's retention of ...

Excerpt: ...��EVM”); and Manfred Mauricio Quintanilla Hernandez (“Hernandez”) (collectively, “Defendants”). Plaintiff requested entry of a default and default judgment against Hernandez in the amount of $465,090, which is composed of past due rent in the amount of $134,575; holdover damages in the amount of $321,448.20; costs in the amount of $2,616.55; and attorneys' fees in the amount of $6,450.24. Plaintiff also requested entry of a default judg...

Excerpt: ...summons and complaint. Plaintiff Alexander Ramos (“Plaintiff”) opposes the motion. Defendant 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 quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code ...

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...