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