Excerpt: ...Under their lease, L.A. Care owes judgment debtor at least $19,973.05 monthly in rent until 2028. (Vahedi Decl., Ex. 2.) After paying its expenses, IHC nets about $18,500 per month. On average, IHC disburses the following monthly payments to its shareholders: (1) $7,500 to Mehrdad Setareh, (2) $6,500 to Kamran Setareh, and (3) $4,500 to Daniel and Sepehr Setareh. (M. Setareh Decl., ¶ 7.) CCP § 708.510(a) provides that courts may order a judgmen...

Excerpt: ... effects are subject to judicial notice under Evidence Code § 452(c) and (h). (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1; Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1116-1117.) The requests for judicial notice are GRANTED. Statute of Limitations A demurrer should be sustained where “the complaint shows on its face that the statute [of limitations] bars the action.” (E-F...

Excerpt: ...lity for simple or gross negligence by health care providers. Plaintiffs must plead and prove something more than negligence—that is, reckless, oppressive, fraudulent, or malicious conduct.” (Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1347, citations omitted (Fenimore).) In Fenimore, the court held that allegations of “more than a simple understaffing” suffice to show recklessness. (Fenimore, supra, 245 C...

Excerpt: ...laint. Plaintiff alleges that after it purchased an insurance policy from Sentinel, it suffered economic losses as a result of the COVID-19 pandemic and related actions by federal, state, and local authorities and California and federal courts. The Second Amended Complaint further states Sentinel wrongfully denied plaintiff's claim for coverage of these losses. Plaintiff prays for compensatory and punitive damages pursuant to its breach of contra...

Excerpt: ...CP § 437c(f)(1) provides: A party may move for summary adjudication as to… one or more issues of duty, if the party contends… that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. Plaintiff argues that whether RHC Automotive was his em...

Excerpt: ... documents that reference, summarize, or quote the confidential documents. A preliminary injunction is appropriate where the moving party is likely to succeed on the merits and the harm to the movant caused by denying the injunction would outweigh the harm to the opposing party from granting the injunction. (Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286.) There is a sliding scale between the two factors; more of one factor can make up f...

Excerpt: ...ruary 2020. (Complaint, ¶ 34.) Plaintiff filed two separate motions to quash or limit a total of 14 subpoenas for business records defendant The Rehabilitation Centre of Beverly Hills, Inc. served to various healthcare providers, facilities, and pharmacies. The subpoenas seek numerous types of medical records from March 1, 2018 to the present. Physician-Patient Privilege Plaintiff argues that the physician-patient privilege protects the records ...

Excerpt: ...� 452(d)(1). The request is GRANTED. Summary Adjudication Plaintiff moves for summary adjudication of seven issues: 1. “The issues which formed the basis for the criminal conviction of Defendant Pipatpol Kokilawatee of California Penal Code § 243.4(a) are barred from relitigation in this action by all parties based upon the Doctrine of Collateral Estoppel, and therefore there are no triable issue that: (1) an intimate part of Plaintiff's body ...

Excerpt: ...iff Michael Ben-Shoshan's claims. Defendant contends the parties settled the case after attending a mandatory settlement conference (MSC) with Judge Lisa Hart-Cole on November 6, 2019. In his moving papers, defendant did not disclose to the court that (1) he previously filed a motion to enforce the same purported settlement pursuant to Code of Civil Procedure section 664.6 and (2) Judge Susan Bryant-Deason, the judicial officer previously presidi...

Excerpt: ...iling to respond or to submit to an authorized method of discovery” (CCP § 2023.010(d)) and “[d]isobeying a court order to provide discovery.” (CCP § 2030.010(g).) Discovery sanctions should be imposed incrementally, “starting with monetary sanctions and ending with the ultimate sanction of termination.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) “[A] terminating sanction should ge...

Excerpt: ... Melkonian (Keosian defendants) and defendant Richard Berberian demur to the second cause of action for harassment. I. Timeliness Plaintiff's opposition argues the demurrers were untimely. As to Keosian and Melkonian, plaintiff filed proofs of substituted service showing service on January 22 and 25, 2021. The declaration of their attorney, Jack K. Kechichian, in support of the reply shows that the parties met and conferred about service. (¶¶ 3...

Excerpt: ...ng any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section: ...

Excerpt: ... timely response, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [requests for production].) A court must impose monetary sanctions against any party or attorney who unsuccessfully opposes a motion to compel, unless the one subject to the sanction acted with substantial justification or other circumstances would make sanctions unjust. (CCP §§ 2030.300(d) [interrogatories]; 2...

Excerpt: ...ness entity status webpage for LAReggaeclubs.com, LLC. Judicial notice is proper under Evidence Code § 452(h) because both are not reasonably subject to dispute and capable of immediate and accurate determination by resort to the Secretary of State's website. I. Jamaican Gold, LLC Suspended business entities may not prosecute or defend an action. (Cal-Western Business Services, Inc. v. Corning Capital Group (2013) 221 Cal.App.4th 304, 310.) Jama...

Excerpt: ...sonally served on the same day. Timeliness This motion is timely. Despite the limitations of CCP § 438, a common-law “motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself.” (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) Merits Defendant moves for judgment on the pleadings on all eight causes of action in the second amended complaint. The causes of action in the caption do not mat...

Excerpt: ... 20190091638, in the office of the Los Angeles County Recorder. Exhibit C: Notice of Trustee's Sale, recorded on May 8, 2019, as Document No. 20190417400, in the office of the Los Angeles County Recorder. Exhibit D: Trustee's Deed Upon Sale, recorded on June 3, 2019, as Document No. 20190507736, in the office of the Los Angeles County Recorder. Exhibit E: July 17, 2019 Order Granting Motion for Relief from the Automatic Stay. Exhibit F: Notice of...

Excerpt: ...t against plaintiff Scott Peebles for seven causes of action: 1. Breach of Contract 2. Breach of Fiduciary Duty 3. Breach of Duty of Confidence 4. Breach of Duty of Loyalty 5. Misappropriation 6. Comprehensive Computer Data Access and Fraud Act 7. Declaratory Relief Each cause of action arises from plaintiff's alleged taking of confidential documents without authorization. Evidentiary Objections Plaintiff makes seven objections to the Declaration...

Excerpt: ...intiff Shashikant Jogani's motion for preference. 2. The motion of defendants and cross-defendants Haresh Jogani, J.K. Properties, Inc., H.K. Realty, Inc., Commonwealth Investments, Inc., Mooreport Holdings Limited, Gilu Investments Limited and Akshi Investments Limited (Haresh parties) for leave to file a cross-complaint. A. Motion for Preference A party over 70 years old may petition the court for a preference when “[t]he health of the party ...

Excerpt: ...California (2004) 121 Cal.App.4th 1112, 1126 explained the standard for disqualifying an expert: The party seeking disqualification must show that its present or past attorney's former employee possesses confidential attorney-client information materially related to the proceedings before the court. The party should not be required to disclose the actual information contended to be confidential. However, the court should be provided with the natu...

Excerpt: ...CCP § 2030.220(a) provides, “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” CCP § 2030.300(a)(1) provides that a party may move to compel further responses to interrogatories when an answer is evasive or incomplete. CCP § 2030.300(d) provides that a court must impose monetary sanctions against a party who unsuccessfully makes or...

Excerpt: ... 741.) Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.” (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) For employment discrimination and retaliation claims, “California follows the burden shifting analysis of McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 to determine whether there a...

Excerpt: ... In 2017, Santos and FSLA entered into agreements regarding the broadcasting rights of the men's team (Original Agreement) and women's team (Women's Team Agreement). At the time, FSLA was a subsidiary of Twenty-First Century Fox, Inc. (Fox). In December 2018, FSLA requested Santos to split the broadcasting rights under the Original Agreement into two new agreements—one with FSLA for Mexican and international rights (International Agreement), an...

Excerpt: ...aintiff Michael Herman. Alternatively, the CBD defendants move for summary adjudication of plaintiff's seventh cause of action for conversion, eighth cause of action for declaratory relief, and twelfth cause of action for declaratory relief. BACKGROUND FACTS At the heart of this action is a dispute between plaintiff and defendant Raymond Scott Coffman. Coffman was formerly an officer and majority shareholder of defendant West Coast Development Ca...

Excerpt: ...hapour's son (¶ 2) and he resided at the property. (¶ 7.) The complaint also attaches parts of the policy as Exhibit A. The page titled “Agreement” has a list of definitions, including “insured means you and residents of your household who are: a. your relatives…. .” (Ex. A.) The complaint includes the operative contractual definition of “insured” and alleges the facts showing that definition includes Shervin Motamedi. It need not...

Excerpt: ... of Christine Donatelli. It is OVERRULED. Merits Under both the Federal Arbitration Act and California law, the party opposing arbitration succeeds if it can prove the agreement's unconscionability. (Hoffman v. Citibank, N.A. (9th Cir. 2008) 546 F.3d 1078, 1082; Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 235.) The opposing party must show both procedural and substantive unconscionability using a sl...