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: ...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: ...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: ...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: ... 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: ...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: ...nd Maria F. Rivera, demur to the Complaint on the ground that no cause of action has been stated by Plaintiffs. On page 3 of the demurrer, which is after the notice page, but before the memorandum, Defendants list 4 separate grounds for demurrer: (1) Defendant generally demurs to the unlawful detainer complaint filed by Plaintiff pursuant to Delta Imports, Inc. v. Municipal Court (1983) 146 CA3d 1033, in which the court held that the landlord's c...

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: ...(“Plaintiff”) entire Complaint/action against the Exchange or, in the alternative, Summary Adjudication of Issues. This Motion for Summary Judgment is made pursuant to Code of Civil Procedure §437c on the grounds that no triable issues of material fact exist to support Plaintiff's Complaint against the Exchange, and Plaintiff's causes of action for Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing both fail...

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...

Excerpt: ... the following portions of Plaintiff's Complaint: 1. The request for punitive damages stated within ¶31: 11-19 2. Prayer for Relief as to item number 3, which states, “For punitive damages, according to proof” This motion to Strike ("Motion") is made pursuant to Code of Civil Procedure §§ 435 and 436, as well as California Civil Code § 3294, on the grounds that Plaintiff has not pled specific facts that would entitle him to recover puniti...

Excerpt: ...Kenneth Howard on April 5, 2023, and will further move this Court for an order requiring Defendant Kenneth Howard to pay monetary sanctions to Plaintiff. PROCEDURAL Moving Party: Plaintiff, Juan Gomez Responding Party: No Opposition Submitted Moving Papers: Motion Opposition Papers: No Opposition Reply: Notice of Non-Opposition; Proof of Service Procedural 16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.130...

Excerpt: ... Cal. Civ. Proc. Code § 418.10(a)(1) on the ground that this court lacks personal jurisdiction over Kroll. Alternatively, Kroll hereby moves the Court to dismiss the First Amended Cross Complaint for forum non conveniens pursuant to Cal. Civ. Proc. Code § 418.10(a)(2) on the ground that the balance of private and public interest factors shows New York is the more suitable forum for this action. PROCEDURAL Proof of Service Timely Filed (CRC Rule...

Excerpt: ...t, FCA US LLC's (FCA), objections and compel further responses to Plaintiffs' Request for Production of Documents, Set One, number 5, 6, 10, 11, 13, 14, and 16-37. Plaintiffs 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 Plaintiffs' RFPs, which seek documents relevant to their Song-Beverly Consumer Warra...

Excerpt: ...25.00 against Defendant Kia America, Inc. and its attorneys of record, Lehrman, Villegas, Chinery & Douglas, LLP. This motion is made on the grounds that Defendant has refused to provide Code-compliant discovery responses pursuant to CCP §2031.310. [The notice of motion does not indicate to which specific requests that Plaintiff wishes to compel further responses. The Introduction section in the Memorandum states that Defendant failed to provide...

Excerpt: ...es, U.S.A., Inc.'s objections and compel further responses to Plaintiffs' Request for Production of Documents, Set Two, Nos. 1-39. Plaintiffs brings this Motion pursuant to California Code of Civil Procedure §§ 2031.310, and 2031.320, on the grounds that Defendant failed to provide adequate responses to Plaintiffs' RFPs, which seek documents relevant to their Song-Beverly Consumer Warranty Act (“SBA”) causes of action. Procedural Moving Par...

Excerpt: ...nded by Defendant Govind Vaghashia in this case and for an order staying further prosecution of this case and the afore-captioned related case by the Govind Defendants. The Prashant Defendants further request sanctions against the Defendant, Govind Vaghashia and his attorney Harry Lal, Esq. and his law firm (LAL, Harris and Edwards) in the amount of $7,800.00, pursuant to CCP §§2017.020, 2030.090(d), 2031.060(i), and 2033.080(d) for abuse of th...

Excerpt: ...Demurrer; [There are two documents filed titled “Declaration of Demurring or Moving Party Regarding Meet and Confer.” However, neither of these two declarations have a proof of service. Therefore, presumably, the declarations were not served on Plaintiff.] Opposition Papers: Opposition Reply: Reply RELIEF REQUESTED Pursuant to CCP §§430.10 and 430.30(a), Defendant, Beny Sarksian moves this Court for an order sustaining the demurrer, general...

Excerpt: ...s Complaint and each cause of action upon the grounds and pursuant to CCP §430.10(a); (1) the court has no jurisdiction of the subject of the cause of action alleged in the pleading; (2) additionally under section 430.10(b); (3) the person who filed the pleading does not have the legal capacity to sue; (4) additionally under section 430.10(e); (5) the pleading does not state facts sufficient to constitute a cause of action; additionally under se...

Excerpt: ...rty: Defendants, CJ Prime Investments LLC, Connie Hur, Marvin Hur, Jonathan Hur, and Jennifer Hur Responding Party: As of 8/9/2023 No Opposition submitted Proof of service timely filed (CRC 3.1300(c)): Ok Correct Address (CCP §§ 1013, 1013(a)): Ok Moving Papers: Motion; Jonathan Hur Declaration; Request for Judicial Notice; Separate Statement; Proposed Order The Court notes that the Proposed Order was not listed in the proof of service, and thu...

Excerpt: ...RTHER RESPONSES [Defendants filed a “Defendants' Notice of Lodging Under Seal” on 08/01/2023 that noted all the documents that were allegedly lodged with the Court.] MOTION 1 [10:00am] RELIEF REQUESTED Plaintiff, John BL Doe, brings the instant Motion to Compel Further Responses from Defendant John Christensen to Requests for Production of Documents, pursuant to §§2031.010, 2031.310, et seq. “The instant Motion is based on the Diocese's f...

Excerpt: ...lder Abuse. RELIEF REQUESTED¿ Plaintiff, Lorraine Marie Caruso, moves the Court for an order compelling Defendant, Alma Victoria Simpson, to respond to Plaintiff's Request for Production of Documents, Set One. Defendant also moves for an order that Defendant, Alma Victoria Simpson and her attorney of record, Mason Yost, pay a monetary sanction to the moving party, in the sum of $1,072.50, for the reasonable costs and attorneys fees incurred by t...

Excerpt: ...Proper Address (CCP §1013, §1013a, §1013b): Ok Moving Papers: Notice/Motion; Separate Statement; Proposed Order; Notice of Errata Opposition Papers: Opposition; Proof of Service Reply Papers: No Reply RELIEF REQUESTED The Court notes that there is some initial confusion as to what relief this motion requests based on the moving and opposing papers. Moving Defendant's Notice of Motion page states in relevant part as follows: Defendant, Fairview...

Excerpt: ...duction of Documents, Set Two, Nos. 1-17. Plaintiff brings this 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 (“the Act”) causes of action. Procedural Moving Party: Plaintiff, Wala Ali Khalaf Responding Party: Defendant, Mercedes-Benz USA, LLC (Defen...

Excerpt: ...al bank; CHASE BANK, N.A., a national bank; VACHE AGAZARYAN, an individual; JARED SEEGER, an individual; and DOES 1-100 TENTATIVE RULING ON DEMURRER Moving Party: Defendants, Avi Ghazaryan, Talin Torossian, and RLG State Realty Responding Party: Plaintiffs, Meline Galstyan and Andrey Pilikyan (Oppo and Reply Submitted) Moving Papers: Demurrer Opposing Papers: Opposition Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21...

Excerpt: ...itigation settlements, CCP section 998 was promulgated to provide a strong financial disincentive to either party to a case to proceed to trial and risk failing to achieve a better result, generally at trial, than the party would have obtained by accepting their opponent's 998 settlement offer. As the Glassman opinion notes, 998 is structured as a classic carrot and stick procedure; the offeree faces the stick of having to pay significantly enhan...

Excerpt: ...orney's fees provisions. Plaintiffs do dispute the hourly rates claimed or charged by Defendants' attorneys, the amount of time charged, and the request for a multiplier on top of the requested Lodestar award. Lodestar is, of course, the accepted method for determining a reasonable attorney fee award. Christian Research Institute v. Alnor (2008) 165 Cal. App. 4th 1315, 1321. Plaintiffs' citation to and quotations from PLCM Group v. Drexler (2000)...

Excerpt: ...pers: Opposition; Gavrilescu Declaration Reply Papers: Reply; Exhibit List; Proof of Service RELIEF REQUESTED As stated in the Defendant's Notice of Demurrer, “Defendants New Cingular Wireless PCS, LLC. will and hereby move the Court for dismissal of the action.” BACKGROUND Plaintiff filed a Complaint on 01/30/2023. On 04/24/2023, Plaintiff, Brian Whitaker, filed a FAC titled “First Amended Verified Complaint for Damages and Injunctive Reli...

Excerpt: ...roup LLC Opposition and Reply submitted. Moving Papers: Motion; Oliver R. Smith Declaration; Proposed Order Opposing Papers: Opposition; Daniel O. Nickfardjam Declaration; Evidentiary Objections; Request for Judicial Notice Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Correct Address (CCP §1013, §1013a, §1013b): Ok CCP §1290.4 is not applicable. RELIEF REQUESTED Defendant FO...

Excerpt: ...on v. KATHCO, INC., a California corporation; GAIL COOPER, individually and Trustee of the G.S. Cooper Living Trust; and ROES 1 through 50; inclusive TENTATIVE RULING ON MOTION FOR ORDER OF DISCHARGE Moving Party: Defendant/Cross-Complainant, American Contractors Indemnity (ACIC) Responding Party: Plaintiff/Cross-Defendant, Gail Cooper Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok...

Excerpt: ...ce of Errata Opposition Papers: Objections of Plaintiff to the evidence, exhibits and declaration submitted by the Defendant in support of its demurrer against the second amended complaint. Those objections are Overruled. Reply Papers: No Reply (No Reply was submitted, likely as no Opposition to the Demurrer was submitted. Plaintiff submitted only a document stating objections to some of the moving papers.) RELIEF REQUESTED Defendant MLS TRANSPOR...

Excerpt: ...ss: Ok Moving Papers: Notice/Motion/Memo/Kandarian-Stein Declaration Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED Defendants, Sandra Lynn Collier and Greg Collier (“Defendants”), will move this Court for an order striking the following language from the Complaint as improperly plead and/or containing conclusions of law: 1. Complaint, Page Three, Section 14a(2) – Plaintiff prays, – “Punitive damages;” Plaintiff fu...

Excerpt: ... (Wright) and Carolyn Hoyt (Hoyt) move for an order to strike Defendants Kia America, Inc. and Throphy of Carson, LLC dba Kia of Carson's objections and compel further responses to Special Interrogatories, Set One, Nos. 25, 26, 39, 41, and 43. Further, the notice of motion states, “ This motion is made pursuant to Code of Civil Procedure § 2030.300, on the grounds that Defendant failed to provide appropriate Responses to the referenced interro...

Excerpt: ...dants Action 1 Construction and Elodat Subhi Hussein. In relevant part, Plaintiff's Complaint alleges that Plaintiff entered into a contract [the Complaint does not indicate in BC-1(a) which parties entered into the agreement] wherein the essential terms of the agreement were: finishing the wire mesh for the kitchen double door; installing the window in the garage; installing the magnets for the kitchen cabinets; installing filler above the refri...

Excerpt: ...on submitted. RELIEF REQUESTED¿ Defendant, Mercedes-Benz USA, LLC (“MBUSA”) moves for an order transferring venue to the Superior Court of California, County of Orange. Defendant alleges that Plaintiff Oscar N. Chavez filed this action in the wrong court, and the convenience of witnesses and the ends of justice would be promoted by a change of venue to Orange County. MBUSA moves for an order that Plaintiff pay MBUSA its attorney's fees, cost...

Excerpt: ...AL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE CROSS-COMPLAINT ADVERSE TO CROSS-COMPLAINANTS' TITLE, OR ANY CLOUD UPON CROSS-COMPLAINTS' TITLE THERETO, and ROES 1-20 TENTATIVE RULING ON MOTION TO EXPUNGE LIS PENDENS Moving Party: Defendants, Robert Friedland and Careen A. Friedland Responding Party: Plaintiffs, Mark Geragos and Paulette Geragos Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Cour...

Excerpt: ...e Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok Moving Papers: Notice/Motion; Separate Statement; Declaration of Rafik Ayvazi as to Discovery Documents and Sanctions; Ayvazi Declaration Meet & Confer; Proposed Order, Proof of Service Opposition Papers: Opposition Reply Papers: Reply [The Reply notes how the Opposition was untimely. While the Opposition was in fact untimely, the Court will still co...

Excerpt: ...G ON MOTION TO CONSOLIDATE Moving Party: Plaintiffs, CJ Prime Investment, LLC; Marvin C. Hur; Connie Kim Hur; Jonathan Hur; and Jennifer Hur Responding Party: Defendants, Loma Vista Investment LLC and Albert Ahdoot Moving Papers: Motion; Proposed Order; Declaration of Connie Kim Hur; Declaration of Gohari Opposing Papers: Opposition; Amended Opposition; Amended Request for Judicial Notice Reply Papers: Reply Proof of Service Timely Filed (CRC Rul...

Excerpt: ...COMPEL RESPONSES RELIEF REQUESTED All 4 Motions Moving Party: Cross-Defendant, Pozeen LED Ltd (Pozeen) Responding Party: Cross-Complainant, MS Electrical Distribution, Inc. (erroneously sued as MS Electrical Distribution, INC., DBA BEES LIGHTING) Moving Papers: For all four motions, a motion was filed for each method of discovery request. Each motion contained a : notice of motion; memorandum; Michael Shen Declaration; Exhibits A-D; and proofs of...

Excerpt: ...s MSJ to the Complaint RELIEF REQUESTED‐MOTION 1 Defendant, Cross-Defendant, and Cross-Complainant, The Elite Group Property Inspection Service, Inc., moves for summary judgment in its favor on the Complaint of Plaintiffs, Bi Yun Cheng, Xinyi Ruan, and Ryan Ruan, a minor by and through his Guardian ad Litem, Bi Yun Cheng (collectively Plaintiffs), and on the Cross-Complaint of Inner Gold, LLC, Chuang To Lee, and Shunlu Kao (collectively Gold De...

Excerpt: ...dress (CCP §§ 1013, 1013(a)): Yes/No. Plaintiff's counsel was served at the proper email address. See the section labeled “75/80 days” for the entire analysis. Moving Papers: Defendants' Motion/Johnson M.D. Declaration; Separate Statement; Evan N. Okamura Declaration; Proposed Judgment; Exhibits in Support of Defendants Stephen Huynh, DO, Molly Wilkerson, MD, and Charles Peterson, MD's Motion for Summary Judgment; Notice of Lodging of Exhib...

Excerpt: ... Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok RELIEF REQUESTED Defendant, Los Angeles County Metropolitan Transportation Authority, demurs pursuant to the CCP §430.10 et seq., on the following grounds: 1. Plaintiff's First Cause of Action fails to state facts sufficient to constitute a cause of action against Defendant, is uncertain, and is duplicative of Plaintiff's Second Caus...

Excerpt: ...ia Consortium of Addiction Programs and Professionals, Inc. (“Defendant” or “CCAPP”) Responding Party: Plaintiff, Zack Diliberto Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Yes/No – Defendant served moving papers to Plaintiff at [email protected]. However, the Court's file indicates Plaintiff's email address as [email protected]. Despite this discrepancy betwee...

Excerpt: ...013a): Ok. The email address that this demurrer was served at was [email protected]. The email address on file for Plaintiffs' counsel is [email protected]. While the email address that was served does not match the email address on the Court's file for Plaintiffs' counsel, Plaintiffs' counsel clearly received this demurrer because an Opposition was submitted. Which email address is the proper service address was not brought up ...

Excerpt: ...endant defaulted on the terms and conditions of the parties' settlement stipulation. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Ok Moving Papers: Notice of Motion; Proposed Order; Memorandum; Declaration; Proof of Service BACKGROUND On 03/03/2021, Plaintiff, Discover Bank filed a Complaint alleging one common count cause of action. Plaintiff a...

Excerpt: ...Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a):Ok Moving Papers: Notice; Memorandum; Proposed Order; Request for Judicial Notice; Geraghty Declaration Opposition Papers: Opposition; Amarkarian Declaration Reply Papers: Reply RELIEF REQUESTED Defendant, FMC, demurs to the First Amended Complaint filed by Plaintiff, Maria Isabel Martinez Cortes. The demurrer is made pursuant to CCP §430.10(e) on the grounds that Plaintif...

Excerpt: ...n 1 Construction and Elodat Subhi Hussein. In relevant part, Plaintiff's Complaint alleges that Plaintiff entered into a contract [the Complaint does not indicate in BC-1(a) which parties entered into the agreement] wherein the essential terms of the agreement were: finishing the wire mesh for the kitchen double door; installing the window in the garage; installing the magnets for the kitchen cabinets; installing filler above the refrigerator; in...

Excerpt: ...A&Z Autobody Shop Inc. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Ok Moving Papers: Notice/Motion/Memo; Skanes Declaration; Proposed Order [ The proposed order does not have a proof of service .] Opposition Papers: Opposition; Mahnke Declaration [It is unclear if Plaintiffs properly served the Opposition papers on Defendant. On the Court's fil...

Excerpt: ...): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Correct Address (CCP §1013, §1013a, §1013b): Ok Moving Papers: Notice of Motion/Motion; Proposed Order; Separate Statement; Sogoyan Declaration; Opposition Papers: Opposition; Separate Statement; Bassi Declaration Reply Papers: Reply RELIEF REQUESTED Plaintiff, Anoush Narinyan, moves for an order to strike Defendant Aston Martin Lagonda of North America, Inc.'s objections and compel further respo...

Excerpt: ...o/Yes – Defendant served Plaintiff's counsel via email at [email protected]. On the Court's file, Plaintiff's email address is listed as [email protected]. At the hearing, the parties should determine what the service addresses are for each party. Ultimately, Plaintiff appears to have been served the instant motion because Plaintiff submitted Opposition. Therefore, this motion is deemed properly served. Moving Papers: Motion; Separate S...

Excerpt: ...Summary Judgment: (1) November 16, 2021, Madan Gopal deposition transcript. Exhibit C to Declaration of Donald H. Slavik; and (2) March 18, 2022, Eloy Rubio Blanco deposition transcript pages. Exhibit I to Declaration of Donald H. Slavik. BACKGROUND: This action arises out of an accident that occurred on July 6, 2019. Plaintiff brought this action against Defendant Tesla, Inc. alleging eight causes of action: : (1) Strict Product Liability, (2) N...

Excerpt: ...P §1005): ok RELIEF REQUESTED: Plaintiff seeks an order requiring Defendant to produce further responses and documents responsive to Plaintiff's Request for Production of Documents, Set One, Nos. 16, 19, 20, 21, 32, and 42. BACKGROUND: On September 2, 2022, Plaintiff Sandra J Juarez Espinoza brought this lemon law action against Defendant General Motors LLC. Plaintiff's complaint alleges Plaintiff purchased a 2021 Chevrolet Express in January of...

Excerpt: ...ss (CCP §§ 1013, 1013(a)):¿¿¿¿ok¿ 16/+5 day¿lapse (CCP §1005):¿¿ok¿¿ RELIEF REQUESTED: Plaintiffs move the Court for an order compelling Defendant PALM DELUXE PARTNERS, LP to serve further responses to all REQUEST FOR PRODUCTION OF DOCUMENTS, Set One, Nos. 1-30, served on Defendant PALM DELUXE PARTNERS, LP on November 18, 2021. This motion is made pursuant to Code Civil Procedure sections 2023.010, 2030.300, 2030.300 subdivision(d), ...

Excerpt: ...+5-day lapse (CCP §1005): ok RELIEF REQUESTED: (1) Order compelling compliance with agreement to produce documents, with monetary sanctions. (2) Order granting leave to amend cross-complaint. BACKGROUND: Plaintiff KV Electric Inc. (KV) initiated this matter on December 19, 2016, against Defendants Fairview East, LLC (Fairview), Tai On Ho; Eric Ho; Uni-Glory Development, Inc.; Sem Construction Management; and Kevin Guo. Fairview cross-complained ...

Excerpt: ...(CRC 317(b)): ok Correct Address (CCP §§ 1013, 1013(a)): ok 16/+5 day lapse (CCP §1005): ok RELIEF REQUESTED: An order staying this action pending a ruling on Asset Campus USA, LLC's motion to compel arbitration, an order compelling Plaintiff to submit all her causes of action to binding arbitration, and dismissing the action without prejudice, or in the alternative, staying this action in its entirety pending arbitration. BACKGROUND: On Octob...

Excerpt: ...apers: Notice,'Demurrer; Bassi Declaration in Support of Demurrer; Proposed Order to Demurrer; Notice/Motion to Strike; Proposed Order to Motion to Strike; Bassi Declaration in Support of Motion to Strike Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Proper Address: No — The Defendant' s proofs of service for the moving papers note that they were served to Plaintiff via Electronic Transmission. Def...

Excerpt: ...al; SURETEC INSURANCE COMPANY: a Texas Corporation; HUDSON INSURANCE COMPANY, a Delaware Corporation; and ROES 1-20 3 - TENTATIVE RULINGS ON (1) MOTION TO COMPEL ARBITRATION, (2) MOTIONS TO STAY BACKGROUND Plaintiff Aurea Construction: Inc. (Aurea) alleges it is a general contractor that entered into a written agreement Defendants Rafayel Muradyan (Muradyan) and Lusine Khachatryan (Khachatryan) to render labor, materials, and related general cont...

Excerpt: ...d through his successor-in-interest, Glory Rangel and Glory Rangel, Individually Responding Party: Defendant, Emma Pogosian Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Correct Address (CCP 1013, 51013az 51013b): No/Yes — The instant motion was served by email. The email address that Plaintiffs served Defendant at was The Court's file lists Defendant's counsel's email address as "vahe@kglawapc_com...

Excerpt: ...e Action. BACKGROUND: On December 14, 2022, Plaintiff Chapter 7 Trustee Nancy J. Zamora filed a complaint against Defendant Passport Technology USA, Inc (erroneously sued as Passport TechnoÄ, Inc.) alleging (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (3) Declaratory Relief. Plamtiff filed this action in her capacity as trustee of the bankruptcy estate of Integrated Dynamic Solutions, Inc. ("IDS"...

Excerpt: ...tion BACKGROUND: On December 13, 2022, Plaintiff Mikayel Badalyan ("Plaintiff) filed a complaint against Defendants NR Development, Inc. ("Defendant') and Does 1-25, inclusive alleging a single cause of action for breach of contract. Plamtiff alleges that on or about September 29, 2022, Just In Time Rebar Fabricators, Inc. entered into a written agreement with Plaintiff and Defendant NR Development Inc. Defendant and its insurance carrier agreed ...

Excerpt: ...ecedent, by and through his successor-in-interest, Glory Rangel and Glory Rangel, Individually Responding Party: Defendant, Comfort Care Assisted Living: Inc. (Comfort Care) Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed (CCP 10050) 0k Correct Address (CCP 1013, 51013az 51013b): No/Yes — The instant motion was served by email. The email address that Plaintiffs served Defendant at was The Court's file lists Defendant...

Excerpt: ... 16/21 Day Lapse cccp 512c 0k Proof ofService Timely Filed (CRC, Rule 3.1300): 0k Correct Address CCCP 51013, S1013a, 51013b): Unsure . This motion was served by email. There is no Opposition. If email service is allowed here, the instant motion was served at the email address that is listed on eCourt for Defendants counsel. Moving Papers: Notice of Motion/Motion; Proposed Order; Padian Declaration RELIEF REOUESTEm Plaintiff: American Contractors...

Excerpt: ...N TO CONSOLIDATE Moving Party: Plaintiffs: CJ Prime Investment: LLC; Marvin C. Hur; Connie Kim Hur; Jonathan Hur, and Jennifer Hur Responding Party: No Opposition submitted Moving Papers: Motion; Proposed Order; Declaration of Connie Kim Hur; Declaration of Gohari Opposing Papers: No opposition submitted Reply Papers: No Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Correct Address (C...

Excerpt: ...arty: No Opposition Submitted. Moving Papers: Notice/Motion; Johnson Declaration; Separate Statement; Proposed Order; Opposing Papers: N/A Reply Papers: No Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Correct Address cccp 51013: 51013a, 51013b): 0k RELIEF REOUESTED Plaintiff John Doe, moves for an order to compel deposition of person(s) most knowledgeable from Acres and request for p...

Excerpt: ...ply Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Correct Address cccp 51013: 51013a, 51013b): 0k RELIEF REQUESTED Plaintiff Amelia Lopez, moves for an order compelling Defendant General Motors, LLC (Defendant or GM) to comply with the Coult- s February 10, 2023 Discovery Order (Discovery Order) compelling Defendant to produce a Person Most Qualified witness for deposition on enumerated Category Numb...

Excerpt: ...rs: Opposition; Request for Judicial Notice; Nickfardjam Declaration; Evidentiary Objecti ons Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Correct Address cccp 51013: 51013a, 51013b): 0k CCP 51290.4 is not applicable RELIEF REQUESTED Defendant: Ford Motor Company moves for an order compelling arbitration of Plaintiff Olednia V. Escobar Chavez' s Complaint, and staying any fin-the...

Excerpt: ...gasarian Moving Papers: Motion; Proposed Order; Ameripour Declaration; Request for Judicial Notice; Opposing Papers: Opposition; Proof of Service, Request for Judicial Notice, Evidentiary Objections; Proposed Order Reply Papers: Reply; Ameri1Xiur Declaration; Request for Judicial Notice Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed (CCP 10050) 0k Correct Address (CCP 51013: 51013a, 51013b): 0k CCP 51290.4 is not appl...

Excerpt: ...e prmf of service indicates Ävo manners of service on two different parties. As to service on the Plamtiff the proof of service indicates personal service on April 27, 2023. April 27, 2023 would be 16 court days before the instant hearing, and since it was sewed by personal service, it would be deemed served that day. Therefore, service on the Plaintiff appears to be timely. However, as to service of this motion on the Estate of Murataliev, this...

Excerpt: ...tment LLC, Marvin C. Hur: Connie Kim Hur, Jonathan Hur: and Jennifer Hur Responding Party: Plaintiff, Loma Vista Investment, LLC 16/21 Day Lapse (CCP and 51005(b)_ 0k Proof of Service Timely Filed (CRC: Rule 3.1300): 0k Correct Address (CCP 51013: (Oprxi and Reply Submitted) Moving Papers: Notice of Demurrer/Demu1Ter; Proposed Order Opposition Papers: Oprkßltion; Evidentiary Objections Reply Papers: Reply RELIEF REOUESTED Defendants fail to cite...

Excerpt: ...y Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Proper Address: 0k Moving Papers: Demurrer; Request for Judicial Notice; Proposed Order Opposition Papers: Opposition Reply Papers: Reply The Coun notes that the Reply was submitted late. The Coun still considers the Reply. RELIEF REQUESTED Defendant: Diana Herrera Galvez demurs to the First through Eighth causes of action in Plaintiffs Complaint pursuant to CCP 5430.10(e) BAC...

Excerpt: ...tion; Request for Judicial Notice Opposition Papers: Opposition; Request for Judicial Notice Reply Papers: Reply RELIEF REQUESTED Defendant, Roben Yepremian, demurs to the First Amended Complaint (FAC) on the following The FAC fails to allege facts sufficient to state a cause of action; To the extent the FAC contains a cause of action predicated on service of a notice to pay rent or quit, the FAC fails to allege facts sufficient to state a cause ...

Excerpt: ...otion; Proof of Service; Alex Linhardt Declaration; Request for Judicial Notice; Proposed Order [Notice of Joinder filed 1/20/23 by Defendant, The Estate of Izat Murataliev: to join in the motion of Intervenor.] Opposition Papers: Opposition. Reply Papers: Reply: Supplemental Declaration of Alex Linhardt Additional Papers: Supplemental Brief submitted by Intervenor on 4/24/2023 Additional Papers: Funher Briefing submitted by Plaintiff on 4/24/202...

Excerpt: ...ty: Plaintiffs, Eric Chen and Cindy Chou Proof of service timely filed (CRC 3.13000): 0k Correct Address SS 1013, 1013(a)): 0k Moving Papers: Notice of Motion; Memorandum; Separate Statement; Proposed Order; Evidence and Declarations; Opposition: Opposition; Separate Statement; Proof of Service Reply. Reply 75/80 Days Under 437c(2): notice of the motion and supporting papers shall be seroed on all other parties to the action at least 75 days the ...

Excerpt: ...d (CRC Rule 3.1300) 0k 16/21 Court Days Lapsed (CCP 10050): 0k Proper Address: 0k Opposition and Reply Submitted RELIEF REQUESTED Defendant moves to strike the following portions of the SAC: Page 2, paragraph 3, lines 4-5 ("As detailed herein: ROSALES caused significant damage to the ASSOCIATION including claims being made by owners affected by the incident that have asserted and are asserting claims against the ASSOCIATION in connection with the...

Excerpt: ...e proof of service for Motion 1 says there is a separate statement, there is not one in the Court' s [eCourt] file uith respect to this party and this means of discovery _ Moving Party: Plaintiffs Responding Party: No Opposition submitted Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Proper Address: 0k Moving Papers: Notice of Motion'Motion; Separate Statement for SROG; Robinson Declaration; Suppleme...

Excerpt: ...Separate Statement; Proposed Order; Supplemental Robinson Declaration; Kazandjian Declaration; Amended Proof of Service for January 10, 2023, documents; Amended Proof of Service for January 11 , 2023 documents Opposition Papers: No Opposition Reply Papers: No Reply Papers RELIEF REQUESTED Plaintiffs move the Court for an order compelling Defendant: Palm Deluxe Partners, LP to serve funher responses to Special Interrogatories, Set One, Nos. 1-4: 8...

Excerpt: ...nt Corp., and Joseph Samuel dba J&G Construction Responding Party: Plaintiffs, Haray Ghazarian; Rafigh Shahmirzayan, and Garnik Savarani (Oppo and Reply Submitted) Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Proper Address: 0k Moving Papers: Joinder by Azad Steel Inc. [Azad submitted a joinder notice on 3/27/2023 and on 3/30/2023.] Moving Papers: Defendants' Ex Parte application Opposition: Opposit...

Excerpt: ...on Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Proper Address: 0k CCP S 1290.4 is not applicable hereto. RELIEF REQUESTED Defendant, Front Porch Communities and Services, petitions to compel arbitration. Defendant makes its petition pursuant to the Federal Arbitration Act (FAA): 9 U.S.C. Section 1 et seq_: based on a valid, irrevocable, and enforceable arbitration agreement between the parties Alte...

Excerpt: ...: Motion; Separate Statement Opposition Papers: Opposition; Brar Declaration; Separate Statement Reply Papers: Reply: Plaintiffs Objections to Brar Declaration RELIEF REQUESTED Plaintiff Ricardo Delgadillo, moves this Court for the following: An Order compelling the deposition of Defendant General Motors, LLC's Person or Persons Most Qualified, with production of documents, within thirty (30) days. An Order imposing monetary sanctions against Def...

Excerpt: ...vice for the instant motion shows that IY Attaray was served via mail at 10262 Foothill Boulevard: Lake View Terrace, Califomia_ 91342, the address for which D Attaray has expressed clear preference on: inter alia, his client's operative Answer to the operative cross-complaint. Although the proof of service for the instant motion lists the same email address that the Court has on file for IY Attaray's email address: the proof of service for the i...

Excerpt: ...o Reply Submitted Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Proper Address: 0k CCP S 1290.4 is not applicable RELIEF REQUESTED Defendant: Ford Motor Company, moves for an order compelling arbitration of this action, and staying any further proceedings during the pendency of that arbitration. Specifically, Ford moves to compel the claims of Plaintiff BELGICA MESINO ("Plaintiff') into arbitration v...

Excerpt: ...RELIEF REQUESTED Defendant, Beny Sarksian moves this Coun for an order sustaining the demurrer, generally and specially: to the Complaint of Vahan Der Grigoriam Defendant requests this Court to take judicial notice: pursuant to Evidence Code 5452 and 453: of the existence of the date of the filing of this action, January 11, 2023 _ [The Court notes that moving Defendant indicates on his notice page that he is demurring generally and specially to ...

Excerpt: ...g Papers: Motion Opposing Papers: Opposition Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Proper Address: Yes/No — The email address on eCourt does not match the email address on the proof of service; however, Opposition was submitted so it appears that Plaintiff received Notice and the movmg papers. RELIEF REQUESTED Defendant: Huntington Hospital: demurs to Plaintiff s Complai...