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: ...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: ...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: ..., 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: ...(“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: ...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: ... 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: ...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: ... (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: ...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: ...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: ...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...