Excerpt: ...y time within 30 days after service of summons upon the limited liability company or upon any defendant who is a manager of the limited liability company or held that position at the time of the acts complained of, the limited liability company or the defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish security as hereinafter provided. The motion shall be based upon one or both of the following g...

Excerpt: ...ation for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the ...

Excerpt: ... injured Plaintiff in a motor vehicle collision. Plaintiff demurs to the second through ninth affirmative defenses in Defendants' second amended answer. Defendants oppose the demurrer. ANALYSIS 1. INSUFFICIENT FACTS TO CONSTITUTE AFFIRMATIVE DEFENSES A plaintiff may demur to an answer if: “(a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, ‘uncertain' includes...

Excerpt: ...d. Legal Standard A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.) The only issue involved in a demurrer hearing is whether the comp...

Excerpt: ...or conversion; OVERRULED as to the fifth cause of action for aiding and abetting and the sixth cause of action for false promise fraud. The leave to amend is limited to curing the defects identified below and not to add new causes of action. The Motion to Strike by defendant Sternlight against the Second Amended Complaint is MOOT as to Punitive Damages under the fourth cause of action for conversion and DENIED as to all other requests (i.e., puni...

Excerpt: ...tion for “fraudulent inducement – concealment.” Fraud by concealment requires: (1) the defendant concealed or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally concealed or suppressed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if she had known of the concealed fact; and (5) plaintiff suffered dama...

Excerpt: ...n Mirzoyan, Arsen Mirzoyan, Devin Henderson, Chris Kim, and Kevin Ho (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff Daniel Salin The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's operative FAC (the “FAC”) alleges the following causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) intentional interference with prospective economi...

Excerpt: ...LLC, Rosalind Randall Boateng, Armando Bonilla Jaramillo, ZMX2 Family Trust, Manuel Ulloa, Manuel Silva, Southern Baja, Inc., Geico Insurance, and Carlos Rodriguez on August 21, 2020, alleging causes of action for: 1. fraud by intentional misrepresentation; 2. negligent repair; 3. negligence; 4. conversion; 5. intentional infliction of emotional distress; 6. conspiracy to participate in racketeering, violation of RICO Act under 18 USC § 1962(d);...

Excerpt: ...e of the State of California. The People seek civil penalties to punish multiple violations of California's Regulation on Commercialization of Alternative Diesel Fuels (ADF regulation) promulgated by the Air Board (Cal. Code Regs., tit. 13, § 2293 et seq.), along with injunctive relief to prevent defendants from violating those laws in the future.” (Complaint, ¶ 1.) On August 10, 2020, Plaintiff People of the State of California ex. rel. Cali...

Excerpt: ...SHIP COALITION; CENTER FOR BIOLOGICAL DIVERSITY. Cross-Complainant CALIFORNIA INDEPENDENT PETROLEUM ASSOCIATION RP: Cross-Complainant CALIFORNIA INDEPENDENT PETROLEUM ASSOCIATION Cross-Complainant CALIFORNIA INDEPENDENT PETROLEUM ASSOCIATION Cross-Defendants YOUTH FOR ENVIRONMENTAL JUSTICE; SOUTH CENTRAL YOUTH LEADERSHIP COALITION; CENTER FOR BIOLOGICAL DIVERSITY. Summary On 3/12/21, as directed by the Second District Court of Appeal, the Court e...

Excerpt: ...(Ekco). Plaintiff amended the Complaint to add M M Relocation Services Inc. as DOE 1 and Rush Enterprises, Inc. (Rush) as DOE 2. On May 30, 2019, Plaintiff dismissed Ekco without prejudice. Ekco filed a memorandum of costs in the amount of $615. Plaintiff then added Ekco back in as DOE 3. On January 15, 2020, Plaintiff dismissed Rush. Shortly thereafter, Ekco filed two motions to compel initial discovery against Plaintiff. On May 14, 2020, Plaint...

Excerpt: ... tenancy, substandard conditions existed at the property. Plaintiff further alleges that upon signing the lease, Defendants misrepresented that there were no problems with the commercial property. However, Plaintiff allegedly became aware the address of the property is non‐ existent and does not appear on any map of Los Angeles County. On October 2, 2020, Plaintiff Noe Sosa DBA Sosa's Collision filed a complaint against Defendants Melvin Brown,...

Excerpt: ...stances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.” Los Defensores, Inc. v. Gomez (2014) 223 Cal.App..4th 377, 390). Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders. (Id.). On March 6, 2020, Defendant Feng Constr...

Excerpt: ...stances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.” Los Defensores, Inc. v. Gomez (2014) 223 Cal.App..4th 377, 390). Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders. (Id.). On March 6, 2020, Defendant Feng Constr...

Excerpt: ...ngeles County Metropolitan Transportation Authority Responding Party: No opposition. Meet and Confer: Yes. (Reid Decl. ¶9.) BACKGROUND This action arises out of an injury to Plaintiff Fernando's lower extremity while riding a public bus, owned and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”). Plaintiff, a physically disabled individual, was accompanied at the time by Defendant Gracita DeMasa, a ca...

Excerpt: ... action against Defendant, Ramzi Zaki Kiriakos, M.D. (“Defendant”) for medical malpractice. On March 11, 2021, the parties participated in an Informal Discovery Conference (“IDC”) regarding discovery disputes between the parties, but the disputes were not resolved. By agreement of the parties, any motion resulting from the IDC was to be brought within 30 days of March 11, 2021. On April 9, 2021, Plaintiff filed the instant motion to compe...

Excerpt: ...ed. 45-Day Limit; Meet and Confer Notice of a motion to compel further responses must be given within 45 days of service of the verified response, or on or before any specific later date to which the parties have agreed in writing. (CCP §§ 2030.300(c), 2031.310(c), 2033.290(c).) If such notice is not given, the propounding party waives any right to compel a further response. (Id.) The instant motion appears to apply to the supplemental response...

Excerpt: ...ust 3, 2020, Plaintiffs Vrezh Saribekian (“Plaintiff”) and Sirush Mkrtchyan filed this action against Defendant Steven Gary Rabiner for injuries arising from a May 15, 2019 automobile accident. On December 14, 2020, Plaintiff served Demand for Production of Documents (Set One) and Requests for Admission (Set One) on Defendant by electronic mail. Defense counsel requested multiple extensions but to date, has not served discovery responses. Pla...

Excerpt: ...erizon Corporate Services Corp. (“Lien Claimant”), was involved in a car accident while being transported by Defendant ABCDE Transportation to a medical appointment in connection with an ongoing worker's compensation claim. The car accident exacerbated Plaintiff's prior injuries for which she was pursuing the worker's compensation claim and caused a new injury to her lower back. Thereafter, on October 22, 2013, Plaintiff filed her complaint. ...

Excerpt: ... U 8:30 a.m. July 1, 2021 I. BACKGROUND Lye Howry (Plaintiff) initiated this action against Reginald Mylabathula Benjamin (Reginald), Mark J. Shayatovich (Shayatovich), Iwona Benjamin (Iwona) and Does 1 through 50 (collectively, Defendants) on June 30, 2020. On January 27, 2021, Plaintiff filed the operative second amended complaint (SAC), alleging claims for (1) defamation per se, (2) libel per se, (3) slander per se, and (4) abuse of process. T...

Excerpt: ... SETS ONE AND TWO AND MONETARY SANCTIONS Reservation ID: 867538875746 Dept. U 8:30 a.m. Hearing Date: June 30, 2021 I. BACKGROUND This is a breach of contract and tortious interference action. Plaintiff Spotlight Ticket Management, Inc. (“Plaintiff”) alleges that it had an agreement to serve as a member of the StubHub Affiliate Program (the “Affiliate Program”) for Defendants eBay, Inc. (“eBay”) and StubHub, Inc. (“StubHub”) (coll...

Excerpt: ...n, Irma Ramirez, Vandela Holdings, LLC, Hope Road Property Solutions, LLC and nominal defendant Magris, LLC for (1) breach of written contract, (2) fraud in the inducement, (3) breach of fiduciary duty, (4) conversion, (5) conversion, (6) imposition of construction trust, (7) imposition of equitable lien, (8) demand for accounting, and (9) common count: money had and received. On January 27, 2020, Defendants/Cross-Complainants Marguerite Green an...

Excerpt: ...efendants Mahyar Okhovat, MD, Mahyar Okhovat, M.D., Inc. and Does 1 to 100 for negligence via medical malpractice. Plaintiff alleges Defendants injured her left ankle and foot on January 8, 2019 when they negligently performed an EMG test on her nerves. On February 22, 2021, Defendants Mahyar Okhovat, M.D. and Mahyar Okhovat, M.D , Inc. (collectively “Defendants”) filed a motion for summary judgment. Plaintiff filed opposition papers on June ...

Excerpt: ...raf Zaghi (“Ashraf”) both individually and as trustees of the Zaghi Family Trust (collectively “Defendants”). On November 19, 2020, Plaintiffs filed their complaint Defendants and Does 1-50 for: (1) negligence; (2) nuisance; (3) breach of implied warranty of habitability; and (4) breach of the implied covenant of quiet enjoyment. Plaintiffs have filed two compel further discovery motions, with one scheduled for a hearing on June 22, 2021 ...

Excerpt: ...raf Zaghi (“Ashraf”) both individually and as trustees of the Zaghi Family Trust (collectively “Defendants”). On November 19, 2020, Plaintiffs filed their complaint Defendants and Does 1-50 for: (1) negligence; (2) nuisance; (3) breach of implied warranty of habitability; and (4) breach of the implied covenant of quiet enjoyment. Plaintiffs have filed two compel further discovery motions, with one scheduled for a hearing on June 22, 2021 ...