Excerpt: ... and the Member Defendants, will and hereby move to expunge the lis pendens and the mechanic's lien fraudulently recorded against the Member Defendants' properties and the property of the Association. Moving Parties Defendants(Movants), The Excelsior at the Americana at Brand Homeowners' Association (Excelsior or Association) and the Member Defendants In the notice of motion, Movants list the Member Defendants as follows: 462 Caruso Holdings; AEC...

Excerpt: ...i Panjarjian, and Ruby Panjarjian's Complaint, pursuant to CCP §430.10 on the grounds that the Third and Fourth Causes of Action fail to state a claim against the Exchange. For the reasons set out below, the demurrer is OVERRULED IN PART, and GRANTED IN PART. PROCEDURAL Moving Party: Defendant, Interinsurance Exchange of the Automobile Club (Defendant or the Exchange) Responding Party: Plaintiffs, Kevork Panjarjian, Salbi Panjarjian, and Ruby Pa...

Excerpt: ...ctions because Plaintiff did not receive a new warranty in connection with the sale of the subject vehicle. BACKGROUND: Plaintiff, Wala Ali Khalaf (“Plaintiff”) initiated this action on July 26, 2022 against Defendant Mercedes-Benz USA, LLC (“Defendant”). Following the Court's ruling on Defendant's motion for judgment on the pleading, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging three causes of action: (1) Vi...

Excerpt: ...laintiffs, Eric Chen and Cindy Chou, filed a Complaint on 12/30/2021. Plaintiffs allege four causes of action against Defendants – James Wu, a natural person; USA Life Management Corporation, a California Corporation; ChiHuang Wu, a natural person; and PiHui Wu, a natural person. The causes of action in the Complaint are: (1) Breach of Contract, (2) Specific Performance, (3) Breach of Fiduciary Duty, and (4) Fraud. The first and second causes o...

Excerpt: ...tal Association, LTD, will move this Court for an order granting summary judgment in its favor on the Complaint. The motion for summary judgment is based on the argument that there is no triable issue of material fact that Pasadena Hospital Association, LTD (PHA) was not negligent as it owed no duty to Plaintiff. Also, PHA argues that there is no triable issue of material fact that no act or omission by PHA caused or contributed to any injury cla...

Excerpt: ...iff”) against AHM in Plaintiff's Complaint. Pursuant to Cal. Civ. Proc. Code §430.10(e) (West), Plaintiff's Second Cause of Action fails to state facts sufficient to constitute a fraud cause of action against AHM. Therefore, even if all the facts alleged in Plaintiff's Complaint are true, this cause of action against AHM must fail as a matter of law. For the reasons set out below, the demurrer is OVERRULED. PROCEDURAL Moving Party: Defendant, ...

Excerpt: ...rjian, and Ruby Panjarjian's Complaint, pursuant to CCP §430.10 on the grounds that the Third and Fourth Causes of Action fail to state a claim against the Exchange. For the reasons set out below, the demurrer is OVERRULED IN PART, and GRANTED IN PART. PROCEDURAL Moving Party: Defendant, Interinsurance Exchange of the Automobile Club (Defendant or the Exchange) Responding Party: Plaintiffs, Kevork Panjarjian, Salbi Panjarjian, and Ruby Panjarjia...

Excerpt: ...statute of limitations for negligence bars the Second Amended Complaint (Code of Civil Procedure section 430.10, subdivision (e) [“The pleading does not state facts sufficient to constitute a cause of action”]) and that the Plaintiffs have failed to join an indispensable party to the action, a receiver in possession with exclusive control over the subject property (Id., at subdivision (d) [“There is a defect or misjoinder of parties”]). F...

Excerpt: ... that the parties' written agreement calls for arbitration of the dispute at issue, that Respondent has failed and refused to arbitrate the dispute, and that Respondent has failed to pay the fees and costs necessary for the arbitration to proceed. The Notice of Petition is supported by the attached Petition to Compel Arbitration and Paymnet of Fees and Costs, Memorandum of Points and Authorities, and Declarations of Alexander Darr and John Fralis...

Excerpt: ...ot) (collectively Defendants) RELIEF REQUESTED Plaintiffs will move this Court for the issuance of an Order to Consolidate the Unlawful Detainer case #23GDCV01538 (filed July 20, 2023) with the within lead case #22GDCV00586 which was filed on or about November 29, 2022. This lead case 22GDCV00586 is filed in Department E, the Unlawful Detainer Case #23GDCV01538 is also filed in Department E of Glendale Courthouse. The Motion will be made on the g...

Excerpt: ...ces, Inc. (hereinafter "Horizon") wrote a check from a closed account for the settlement payment and has not made good on the check. Accordingly, Plaintiff moves this Court for a Judgment against Horizon in the principal amount of $20,475 plus costs in the amount of $61.65 for a total judgment amount of $20,536.65. This motion will be based on this Notice of Motion, Motion, the attached points and authorities, the Declaration of Raphael Hedwat, a...

Excerpt: ...o provide further and supplemental responses to the first set of requests for production served upon Defendant in this matter (“RFP1”), in particular request numbers 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 & 44, and for an order directing Defendant to produce all responsive documents in her possession, custody, or control. Kelley objected to each of the requests on the sole ground of lack of relevance and, after meeting and conferring with...

Excerpt: ...Set One, under C.C.P. § 2030.290 and Request for Costs, Sanctions, and Attorney's Fees under C.C.P. §§ 2023.010 et seq. and 2030.290 et seq. against Defendant and/or the Attorney of Record, Hester Law Group, APC. Plaintiff will also seek sanctions, reimbursement of costs and attorney's fees against Defendant and its counsel of record, Hester Law Group, APC in the amount of $1,811.65 under Cal. Civ. Proc. Code §§ 2023.010 et seq. and 2030.290...

Excerpt: ... of the Code of Civil Procedure § 998 offer accepted by Plaintiff and the terms of the Song-Beverly Consumer Warranty Act. 1. Plaintiff's motion is based on the Code of Civil Procedure § 998 offer accepted by Plaintiff Hermine Hossepian on or about January 5, 2023 (the “Settlement”). 2. Page 2, lines 13 through 16, of the Settlement states, “Defendant also offers to pay reasonable costs, expenses, and attorneys' fees based on actual time ...

Excerpt: ...les of Court, §§ 1021, 1032, and 1033.5(a)(10) of the Code of Civil Procedure, and § 1717 of the Civil Code. It is also based upon this motion, the following memorandum of points and authorities, the declarations and attached exhibits filed concurrently, the Court's file, and any and all further evidence or argument that may be presented at or before the hearing on this motion. II. ANALYSIS A. Background Relevant to Understanding the Motion Pr...

Excerpt: ...da Motor Co., Inc.'s (“AHMC”) meritless objections and compel further responses to Plaintiff's Request for Production of Documents, Set One Nos. 16-21. (collectively, the “Requests”). This Motion is made pursuant to California Code of Civil Procedure § 2031.310, on the grounds that Defendant has failed to provide adequate responses to Plaintiff's Requests, which seek documents directly relevant to their claims under the Song-Beverly Cons...

Excerpt: ...eave to amend granted to the FAC at the hearing on July 1, 2022. On August 3, 2022, Plaintiffs filed a Second Amended Verified Complaint alleging causes of action for: (1) Breach of Contract, (2) Wrongful Foreclosure, (3) Fraud by Misrepresentation, (4) Rescission/Cancellation, and (5) Declaratory Relief. On December 9, 2022, this Court ruled on two demurrers and a motion to strike to the SAC. The Court ruled as follows: Loan Defendants' demurrer...

Excerpt: ..., 17-33, and 37 Plaintiff brings this instant Motion pursuant to California Code of Civil Procedure §§ 2031.310 and 2031.320, on the grounds that Defendant failed to provide adequate responses to Plaintiff's RFPs, which seek documents relevant to her Song-Beverly Consumer Warranty Act (“SBA”) causes of action. BACKGROUND Plaintiffs filed a Complaint on 02/14/2023 alleging three causes of action for: (1) Violation of Song-Beverly Act – Bre...

Excerpt: ... dismiss the cross- complaint against Cross-Defendant Eisner. II. BACKGROUND Plaintiffs filed a Complaint on 04/28/2020. Plaintiffs filed a FAC on 08/18/2020. Plaintiffs filed a SAC on 10/27/2020. Defendant Opus filed a Cross-Complaint on 04/20/2021. A First Amended Cross- Complaint (FACC) was filed on 02/06/2023. A notice of errata to the FACC was filed on 2/22/2023. Plaintiffs in the SAC are investors in Direct Lending Income Fund, L.P. (DLIF),...

Excerpt: ...nt and Cross-Defendant Je Tsu Kao, on the basis that Kao owes a contractual duty to defend TT against the claims by Plaintiff 846 E. Valley Blvd. LLC against TT in this action. This motion is made pursuant to CCP §437c and CRC 3.1350. For the reasons set out below, the Court will grant TT's motion. II. BACKGROUND Plaintiff, 846 E. Valley Blvd. LLC, a California limited liability company filed its First Amended Complaint (FAC) alleging two causes...

Excerpt: ... Connie Hur, Marvin Hur, Jennifer Hur, Jonathan Hur, CJ Prime Investment LLC, AA Premium Inc., and TM Prime Inc. will and herby demur to Plaintiff's Unlawful Detainer action on the grounds that: (1) The instant action is duplicative of another pending action for the same property between Loma Vista Investment, LLC (Plaintiff) and Connie Hur, Marvin Hur, Jennifer Hur, Jonathan Hur, CJ Prime Investment LLC, and AA Premium Inc.; (2) The instant acti...

Excerpt: ...tion on the basis of failure to state facts sufficient to constitute a cause of action and uncertainty. The demurrer is made pursuant to CCP §430.10(e) and (f). For the reasons set out below, the Defendants' Demurrer is OVERRULED their Motion to Strike is DENIED. II. BACKGROUND Plaintiffs filed a Complaint against Defendants on 06/21/2023 alleging eight causes of action: (1) Violation of Civil Code Section 1942.4; (2) Tortious Breach of Warranty...

Excerpt: ...fe, LLC will and hereby move the Court for dismissal of the action. II. BACKGROUND Plaintiff filed a Complaint on 02/14/2023 alleging two causes of action against Defendant for: (1) Violation of the Unruh Civil Rights Act (On behalf of Plaintiff and against all Defendants) Cal. Civ. Code §51-53 and (2)Violation of the California Disabled Persons Act (On behalf of Plaintiff and against all Defendants.) Cal. Civ. Code §54.1. III. LEGAL STANDARDS ...

Excerpt: ...ngs this Motion pursuant to California Code of Civil Procedure §§ 2031.310, and 2031.320, on the grounds that Defendant waived its objections and failed to provide adequate responses to Plaintiff's RFPs, which seek documents relevant to their Song-Beverly Consumer Warranty Act (“SBA”) causes of action. The Court's tentative is to deny the motion, for the reasons set out below. BACKGROUND Plaintiff filed a Complaint on 12/23/2022 alleging th...

Excerpt: ...5, 6, 10, 11, 13, 14, 17, and 19-37. Plaintiff brings this Motion pursuant to California Code of Civil Procedure §§ 2031.310, and 2031.320, on the grounds that Defendant waived its objections and failed to provide adequate responses to Plaintiff's RFPs, which seek documents relevant to their Song-Beverly Consumer Warranty Act (“SBA”) causes of action. The Court's tentative is to deny the motions, for the reasons set out below. BACKGROUND Pl...