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: ...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: ... 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...