Excerpt: ...' Demurrer and Motion to Strike Moving Party: Defendants, HSBC BANK USA NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 2007- OA3, and NATIONAL DEFAULT SERVICING CORPORATION [collectively “Loan Defendants” or individually “HSBC” and “National Default”] Responding Party: Plaintiffs, Tracey L. Baumert and Henry T. Baumert [collectively “Plaintiffs”] Proof of Servi...

Excerpt: ... Days Lapsed (CCP 1005(b)): ok Proper Address: ok Oppo and Reply submitted. RELIEF REQUESTED Defendants demur to the FAC on the grounds that the FAC fails to state sufficient facts to constitute a cause of action and on grounds of uncertainty. MEET AND CONFER A party filing a demurrer “shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agree...

Excerpt: ...A.Z., a minor, by and through his Guardian ad Litem, N.K. RELIEF REQUESTED Defendants move for an order imposing terminating sanctions and dismissing the complaint of Plaintiff A.Z. pursuant to CCP §2023.010, 2023.030(d)(3), and 2030.290(c). In the alternative, Defendants move for an order imposing evidentiary sanctions precluding Plaintiff from testifying at trial, from appearing in the courtroom at trial, and from introducing at trial any evid...

Excerpt: ...CRC Rule 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Cross-Defendants, Levon Halulyan dba LTH Design & Construction, and Vardan Halulyan, move the Court pursuant to CCP §438(c)(2)(A) for an order for judgment on the pleadings as to the Third, Fourth, Fifth, and Sixth causes of action in Solution West Management's cross- complaint on grounds that the Third and Fourth causes of action fail to state ...

Excerpt: ...orporation doing business as LONE STAR BOARD AND CARE; THE PEOPLE CONCERN, a California Corporation doing business as SOLAR; BRIAN HUYNH, individually; EMILY BELL individually; KYLEY CARMONA, individually; MAYERLY VANEGAS, individually, ALEXANDER OTIS, individually; RAHMID STINSON individually and DOES 1 through 20, inclusive TENTATIVE RULING ON DEFENDANTS' POSSE LOVE, ET AL. MOTION FOR SUMMARY JUDGMENT Moving Party: Defendants, Posse Love Corpor...

Excerpt: ...eeds. Since Defendant filed the motion first, the Court will refer to moving and responding parties as referenced in the motion filed on 5/16/2022 by the moving Defendant. Further, since both parties filed moving and opposing papers with respect to the motion for an order distributing partition by sale proceeds, the Court will consider both sets of moving and opposing papers submitted by both parties. However, the Court will only rule on the moti...

Excerpt: ...EQUESTED Defendants, Ilana Malaran, 4600 Group LLC, and Naralam LLC move the Court for an order expunging two lis pendens filed by Plaintiff Leonid Teplitsky, one filed in EC065795 affecting title to the property located at 3184 Dona Sarita Place, Studio City, California, and the other filed in the case LC 105154, affecting title to real property located at 4600 Burnett Street, Sherman Oaks, California. This motion is based upon the grounds that ...

Excerpt: ...COIS, As Trustee of the BERNARD E. FRANCOIS LIVING TRUST; SETH ROSENBERG;; DEBORAH LOUGHMAN JOHN MILLER, Individually and as Trustee of the MILLER TRUST; SIERRA SPINGS DIVERSIFIED INCOME FUND LLP; v. EISNERAMPER, LLP; OPUS FUND SERVICES (USA) LLC TENTATIVE RULING ON DEFENDANT'S DEMURRER & MOTION TO STRIKE Moving Party: Defendant, EisnerAmper, LLP (“Defendant” or “Eisner”) Responding Party: Plaintiffs [Opposition simply states “Counsel f...

Excerpt: ...d (CRC 3.1300(c)):.Ok Correct Address (CCP §§ 1013, 1013(a)): Ok Oppo and Reply Submitted. 75/80 Days Under 437c(2), notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. If the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California. (CCP §437c(a)(2).) If ...

Excerpt: ... ¿No – No proof of service provided . Correct Address (CCP §§ 1013, 1013(a)): No, no proof of service provided; however, the address was presumably correct since an Opposition was submitted . Oppo and Reply Submitted. 75/80 Days Under 437c(2), notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. If the notice is served by mail, the required 75-da...

Excerpt: ...§§ 1013, 1013(a)): ok Oppo and Reply Submitted. 75/80 Days Under 437c(2), notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. If the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California. (CCP §437c(a)(2).) If the notice is served by facsimile transmiss...

Excerpt: ...ION TO STRIKE TO FIRST AMENDED COMPLAINT Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Moving Party: Defendants, Linda Kevorkian and Linda Kevorkian Insurance Agency, Inc. (Defendants) Responding Party: Plaintiff, Armkar Entertainment, Inc. RELIEF REQUESTED Defendants, Linda Kevorkian and Linda Kevorkian Insurance Agency Inc., demur to the third cause of action for intentional mis...

Excerpt: ...2, the most recently filed. Moving Party: Plaintiff, American Express National Bank Responding Party: Defendant, Andrew Chao – NO OPPOSITION Proof of service timely filed (CRC 3.1300(c)):¿ok Correct Address (CCP §§ 1013, 1013(a)): NO – there could be a notice problem. The motion and accompanying documents were served to “[email protected]”; however, Defendant's counsel's email address is listed on eCourt as “Jeremy.Branch@centurycl...

Excerpt: ...tiff, Luz M. Arteaga moves for an order to strike Defendant's objections and to compel Defendant to produce a qualified witness to be deposed on Matters of Examination Nos. 7-11 (“Matters” or “Categories”) enumerated in Plaintiff's Third Amended Notice and to provide testimony on documents previously marked at deposition and produced by Defendant pursuant to Court Order (attached to the Confidential Declaration of Sean Crandall as Exhibit...

Excerpt: ...ing limited liability company; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD ON PLAINTIFF'S TITLE THERETO; and DOES 1 through 25, inclusive 3-TENTATIVE RULINGS ON DEFENDANTS' DEMURRERS AND MOTION TO STRIKE – FOURTH AMENDED COMPLAINT Moving Party Motion 1: Defendant, Hratchia Bradkjian Responding Party: Plaintiffs, ...

Excerpt: ....] MOTION 1 – MOTION TO HAVE REQUESTS FOR ADMMISSION DEEMED ADMITTED Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: The instant motion was served via email. The proof of service lists “[email protected]” as the email address that was served; however, eCourt lists Plaintiff's attorney with an email address of “[email protected]”. However, as Plaintiff ha...

Excerpt: ...psed (CCP 1005(b)): ok Proper Address:ok Moving Party: Defendant, B&V Enterprises, Inc. (“Defendant”) Responding Party: Attorneys for Plaintiff – Zakiya Sun Ellis, individually, and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act Oppo and Reply Submitted RELIEF REQUESTED 1. Defendant moves for an order enforcing the individual arbitration agreements executed by employees, including Plaintiff Z...

Excerpt: ... of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Oppo and Reply submitted. The Opposition was submitted late, and Defendants urge the Court to not consider the Opposition; however, the Court will consider the Opposition. RELIEF REQUESTED Defendant demurs to the fraud cause of action in Plaintiff's Second Amended Complaint (“SAC”) on the grounds that Plaintiff fails to state facts to c...

Excerpt: ...apsed (CCP 1005(b)): NO Proper Address: Uncertain Oppo submitted but no Reply submitted. There is no proof of service by which to determine whether the instant motion complied with the 16/21-day rule of CCP 1005(b). “Proof of service of the moving papers must be filed no later than five court days before the time appointed for hearing.” (CRC 3.1300(c).) However, there is an opposition for the instant motion. Presumably, the service of this Mo...

Excerpt: ...: ok Proper Address: The instant motion was served via email. The proof of service lists “[email protected]” as the email address that was served; however, eCourt lists Plaintiff's attorney with an email address of “[email protected]”. However, as Plaintiff has submitted an Opposition, there does not seem to be a Notice issue. Moving Party: Defendant, The Kroger Co. (“Kroger”) Responding Party: Plaintiff, Rebecca...

Excerpt: ... alleged violations of various California Labor Code sections and Wage Orders. Defendants, Employer and related entities, have filed and served two Motions; this Motion for a Stay of All Proceedings related to PAGA, filed March 4, 2022, and a Motion to Stay or Compel Arbitration of the case, filed March 11, 2022, and set for hearing on April 8, 2022, in this Court. Plaintiffs oppose the current Motion for a Stay of Proceedings, claiming that the ...

Excerpt: ...greement between the Bank, on the one hand, and Tayyar and Salinas on the other. One United Bank further bases its request for attorney's fees on the fact that it made a valid settlement offer pursuant to CCP section 998 several months before the trial of this matter, and, having prevailed completely based upon the jury's responses to the special verdict form at trial, obviously beat that offer. The Court finds that One United Bank's 998 offer wa...

Excerpt: ...roper Address: ok Although not noted in Defendant's Reply, Plaintiff's Opposition is late. Further, Plaintiff's Opposition was allegedly served by electronic mail, but Plaintiff does not provide the electronic mail address it purportedly served. Since Defendant timely submitted a Reply, Defendant apparently received the Opposition. RELIEF REQUESTED: Defendant, Granite Construction Company, demurs to Plaintiff's First Amended Complaint (“FAC”)...

Excerpt: ... Nevada corporation TENTATIVE RULINGS ON 2 MOTIONS TO QUASH/FOR PROTECTIVE ORDER Motion 1 Moving Party: Plaintiffs and Cross-Defendants, TV Pro Gear, fka, IPTV International, Inc. (“TVPG”) and Andrew Maisner (“Maisner”) (collectively referred to as “Plaintiffs”) Responding Party: Defendants and Cross-Complainants, Ivan Gonzalez, Navinoga Productions, iStreamU, LLC Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days La...

Excerpt: ...ress: No, see analysis Oppo and Reply submitted RELIEF REQUESTED: Plaintiff moves for an order compelling the depositions of: (1) The Person Most Knowledgeable for Kia of Cerritos, (2) Kia of Cerritos Technician Eric F. (No. 493), and (3) Kia of Cerritos Service Advisor Anthony Perry. Monetary sanctions in the amount of $1,335. LEGAL STANDARD C.C.P. §2025.450(a) provides, as follows: “If, after service of a deposition notice, a party to the ac...

Excerpt: ...on Way”) Proof of Service Timely Filed (CRC Rule 3.1300):ok 16/21 Court Days Lapsed (CCP 1005(b)):ok Proper Address: ok Opposition submitted late but the Court will still consider the Opposition. No Reply submitted as of Monday 3/1/2022 at Noon. RELIEF REQUESTED: Defendant, Haig Ghazarian, dba Haig Engineering & Construction, moves for an order sustaining a general demurrer to Plaintiff's fraud cause of action in Plaintiff's Third Amended Compl...

Excerpt: ...admitted 16/21 Days: ok Proof of Service Filed: ok Address: See below: Moving papers appear to be sent to the proper address because an Opposition was submitted, and no objections were made to the address that moving papers served the instant motion on. However, the Opposition may not have been properly served on moving party. Plaintiff emailed its Opposition to [email protected]; however, in the moving papers, moving party lists its email as v...

Excerpt: ...c. dba Servpro of Eagle Rock – South Glendale (“Plaintiff”) Responding Party: Defendants, Transform Anything Inc. dba Visionary Staging, a California corporation (“Transform”); Karen Thornton (“Thornton”), indiv (collectively “Defendants”) Proof of Service Timely Filed (CRC Rule 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): NO – Under CCP §1005(b), moving papers must be filed at least 16 court days before the hearing....

Excerpt: ...c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok The Court has reviewed moving, opposing, and reply papers to both motions. RELIEF REQUESTED Defendant, NCCI, moves the Court for an order quashing and or modifying the Deposition Subpoenas for Production of Business records (“Subject Subpoenas”) served by Plaintiffs Pavel Lyubovny and Michael Chtivelman upon the custodians of record for: 1) California Board of Equalization (...

Excerpt: ...tively “Defendants””) Proof of Service Timely Filed (CRC Rule 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Oppo submitted by two Defendants ( Oppo submitted by Hratchia is late but the Court will consider it); Reply also submitted RELIEF REQUESTED Plaintiff, Yegiyants and 10415 Commerce, move for leave to file and serve a Fourth Amended Complaint. BACKGROUND Plaintiffs' Third Amended Complaint (“TAC”) alle...

Excerpt: ...“TAI”) Responding Party: Plaintiff, E R Restoration and Construction, Inc. dba Servpro of Eagle Rock – South Glendale (“Plaintiff”) Oppo and Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): Yes Proper Address: The email address on the proof of service is different than the email address noted by the Court; however, Plaintiff submitted Opposition, so it does not appear as if th...

Excerpt: ...an individual, RONDA ARMATRADING, an individual, and DOES 1 - 100 TENTATIVE RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Moving Party: Defendants, Peter Shin, M.D.; Frank Figuero, N.P.; Arbi Ayvazian, D.O.; and Antoinette R. Donofrio, P.A. Responding Party: No Opposition Correct Address (CCP §§ 1013, 1013(a)): ok. 75/80 days' notice (CCP §437(c)): ok RELIEF REQUESTED: Defendants, Peter Shin, M.D.; Frank Figueroa, N.P.; Arbi Ayvazian, D.O....

Excerpt: ...3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok RELIEF REQUESTED : Order compelling Defendant to provide further responses to Plaintiff's Special Interrogatories, Set One. Special Interrogatories: 6, 13, 14, 15, 22. Sanctions in the amount of $3,129 BACKGROUND Plaintiff purchased a 2018 Kia Forte from Car Pros Kia Glendale in Glendale, California on February 6, 2020. Plaintiff alleges Plaintiff has delivered the subject vehicle for repair t...

Excerpt: ...nd GRACE J. AQUINO RELIEF REQUESTED: Plaintiff, TBF Financial I, LLC, moves this Court: · For summary judgment in favor of Plaintiff and against Defendants Allwest Nursing Services, Inc. and Grace J. Aquino, or · In the alternative for summary adjudication · Costs for the suit incurred therein, and such other relief as may be just Causes of Action in Complaint 1. Breach of Contract 2. Breach of Guaranty PRELIMINARY MATTER As a preliminary matt...

Excerpt: ... As Trustee of the BERNARD E. FRANCOIS LIVING TRUST; SETH ROSENBERG; DEBORAH LOUGHMAN; JOHN MILLER; and DOUGLAS ZINKE v. EISNERAMPER, LLP; OPUS FUND SERVICE (USA) LLC; and DOES 1 - 20 TENTATIVE RULING ON DEFENDANT'S DEMURRER & MOTION TO STRIKE Moving Party: Defendant, EisnerAmper, LLP (“Defendant” or “Eisner”) Responding Party: Plaintiffs [Opposition simply states “Counsel for Plaintiffs” so presumably counsel represents all Plaintiff...

Excerpt: ...100 TENTATIVE RULING ON DEFENDANT'S DEMURRER N.B., the numbers for each cause of action in the caption of the complaint do not match the numbers of the causes of action in the body of the complaint. The Court will refer to the causes of action as referenced in the body of the complaint. Moving Party: Defendant, CRC Insurance Services, Inc. d/b/a Tapco Insurance Services, Inc. (erroneously sued as Tapco Underwriters, Inc.) (“Defendant” or “T...

Excerpt: ... 100 TENTATIVE RULING ON DEFENDANTS' DEMURRER & MOTION TO STRIKE N.B., the numbers for each cause of action in the caption of the complaint do not match the numbers of the causes of action in the body of the complaint. The Court will refer to the causes of action as referenced in the body of the complaint. Moving Party: Defendants, Linda Kevorkian and Linda Kevorkian Insurance Agency, Inc. Responding Party: Plaintiff, Armkar Entertainment Inc. 16...

Excerpt: ...mely (Oppo and reply submitted) RELIEF REQUESTED · Defendants, HomeSure Protection of California, Inc. and Cinch Home Services, Inc. (“Defendants”) demur to the First Cause of Action of Breach of Contract and Second Cause of Action for Fraud in Plaintiff's First Amended Complaint (“FAC”). o Made on the grounds that the first and second causes of action fail to state facts sufficient to constitute a cause of action. · Defendants move thi...

Excerpt: ..., it was not served on the email address listed for Defendant) 75/80 Days Under 437c(2), notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. If the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California. (CCP §437c(2).) Here, Plaintiff mailed notice of the...

Excerpt: .... However, Defendant's Opposition was not timely filed. In relevant part under CCP §1005(b), “all papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing.” The instant motion is scheduled to be heard on 1-21-2022. Opposition was supposed to be submitted by January 7, 2022; however, Opposition was not submitted ...

Excerpt: ...ddress for Plaintiff is to be clarified at the instant hearing. Defendant filed a proof of service noting that Defendant served Plaintiff's Counsel Eric Jun at the following address: Zwicker & Associates, 199 S Los Robles Ave, Pasadena, CA 91101. However, in eCourt, Plaintiff's counsel's address is listed as: Zwicker & Associates, P.C., 700 No Brand Blvd, Suite 500, Glendale, CA 91203. Also, how does Defendant know if the same attorney that previ...

Excerpt: ...ess: ok Oppo and Reply submitted RELIEF REQUESTED¿¿¿ · Defendant, Carmen Yaralian specially appears to move to quash service of the Summons and Complaint for lack of personal jurisdiction because she was never served with process. This motion is made pursuant to CCP §418.10(a) on the grounds Defendant was not properly served and the address where she was purportedly served does not exist. BACKGROUND Plaintiff Joanne Kim alleged three causes ...

Excerpt: ...OR SANCTIONS ¿¿¿ Moving Party:¿ Defendants, Milestone Retirement Communities, LLC (“Milestone”) and Milestone Management (CA) – Kingston, LLC (“Kingston, LLC”), erroneously sued herein as Kingston Bay Senior Living Responding Party: Plaintiff, Victoria Rico Opposition submitted, but no Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok RELIEF REQUESTED¿¿¿ · Defendants...

Excerpt: ...tion and sale of real property and on second cause of action for breach of contract. Moving and opposing papers were timely filed and served. BACKGROUND Plaintiff, Leslie A. Carmell, and Defendant, Michael E. Cooper are the owners of the real property, a single-family home located at 4018 Vista Court, La Crescenta, CA 91214 identified as APN 2571-006-030 (“Property”), and Plaintiff and Defendant hold title as tenants-in- common. Plaintiff and...

Excerpt: ...iv; CALIFORNIA RECEIVERSHIP GROUP, BC v. LEVON H. BARDAKJIAN, as Co-Trustee of the Levon and Sylvia Bardakjian Family Trust dated July 24, 2004; SYLVIA R. BARDAKJIAN, as Co-Trustee of the Levon and Sylvia Bardakjian Family Trust dated July 24, 2004; LEVON H. BARDAKJIAN, an Indiv.; SYLVIA R. BARDAKJIAN., an Indiv; 1001 LAS LOMAS LLC, a California Limited Liability Company; CITY OF DUARTE, a California municipal corporation; ROES 1 through 20, incl...

Excerpt: ...g Party: Plaintiff, Production Resources Group, LLC (“Plaintiff”) Oppo untimely, Reply Timely 16/5: ok Address: Uncertain – Defendant e-served the Plaintiff at [email protected]. eCourt lists Plaintiff's email address as [email protected]. However, Opposition did not object stating the demurrer was not served on the proper address. Opposition Untimely “Notwithstanding any other provision of this section, all papers opposing a mot...

Excerpt: ... §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): Uncertain – Proper address must be clarified at the hearing . The instant motion was served on Cross-Defendant Paul Barbu at P.O. Box 393 Verdugo City, California 91406. Further, the Requests for Admissions, Set One, were served at P.O. Box 393 Verdugo City, California 91406. However, eCourt lists Cross-Defendant Paul Barbu with ...

Excerpt: ...e Opposition is timely, it is possible that the Opposition was not properly served on the Plaintiff . The Opposition lists that it served Plaintiff at [email protected]. However, on eCourt Plaintiff's email address is noted as [email protected]. RELIEF REQUESTED Plaintiff moves for an order to strike Defendant General Motors, LLC's objections and compel further responses to Plaintiff's Request for Production of Documents (“RFP”), Set One, Nos...

Excerpt: ..., and DOES 1-10 TENTATIVE RULING ON DEFENDANT'S MOTION TO COMPEL FURTHER Moving Party: Defendant, Colliers International of Greater Los Angeles, Inc. (“Colliers”) Responding Party: Defendant, Arrowhead Ranch, LLC (“AR”) No Opposition 16/+5 lapse: ok Proper Address: No – Moving party alleged service on Bruce T. McIntosh, attorney for Defendants and Cross-Complainants Pasadena Group, Arrowhead Ranch, and Steven Schultz (hereinafter, “Br...

Excerpt: ... 1005(b)): ok Proper Address:ok RELIEF REQUESTED: Defendant demurs to all three causes of action in the complaint on the grounds that such claims fail to state facts sufficient to constitute a cause of action. MEET AND CONFER A party filing a demurrer “shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would res...

Excerpt: ...EF REQUESTED Defendants move for judgment on the pleadings alleging that workers' compensation is the exclusive remedy for any economic losses and general damages that result from death caused by employment of the employee, and workers' compensation is the exclusive remedy for any derivative claims of family members for any economic losses and general damages that result from any death caused by employment of the employee. BACKGROUND This case ar...

Excerpt: ...(CCP 1005(b)): Confirm at the hearing when the proof of service for the instant motion was served. The month on the proof of service is illegible on the last page of the moving papers. Interesting to note, it appears as if the notice of the motion could have been sent on 5/13/2021, which would be odd because the default was not entered until 10/26/2021. This would mean that the notice to set aside the default was sent before the default was enter...

Excerpt: ...ely, no Reply RELIEF REQUESTED¿¿¿ Order compelling Defendant Vahan Eksouzian to attend a further deposition and provide testimony on dates determined by the Court pursuant to CCP §2025.480. Produce documents requested in the deposition notice. Costs and attorney's fees in the sum of $4,635.00 BACKGROUND Cloud V is a purveyor of electronic devices for individual use. Plaintiff's Complaint alleges that Plaintiff and Defendant, Eksouzian, formed...

Excerpt: ...lege the April 17, 2019, termination by 4 Over, LLC and 4 Over International Holdings, LLC (collectively “4 Over”) of the Decedent directly resulted in his May 6, 2019 death by cardiac arrest and hypertension. The instant 6 motions pertain to Defendants seeking to compel discovery from Plaintiffs. ¿¿¿ Motion 1 Moving Party:¿ Defendants, 4 Over Responding Party: (No Opposition) Proof of Service Timely Filed (CRC Rule 3.1300(c)): ok 16/21 C...

Excerpt: ...Oppo timely, Reply was late. RELIEF REQUESTED¿¿¿ 1. Disqualification of NCCI Counsel David Kritzer and the law firm of Resnik, Hayes, Moradi 2. Order Sealing Declarations and evidence obtained in violation of the attorney-client privilege 3. Order directing Defendants NCCI, Li, and Smushkevich to refrain from using or relying upon information obtained in violation of the attorney-client privilege Made pursuant to Evid Code 912, 952, and Roush ...

Excerpt: ...CCP 1005(b)): ok Proper Address: uncertain – Proper service address needs to be confirmed at the hearing. The proof of service lists that the instant two motions were served on [email protected], [email protected], and [email protected]. Based on Exhibit D in the motion to compel further responses to special interrogatories, it appears that opposing party [email protected] has communicated from that email address before based on ...

Excerpt: ...ND G CONSTRUCTION, a business entity form unknown; JOSEPH SAMUEL, an indiv. Doing business as J AND G CONSTRUCTION; 11015 NOHO, LLC, a California corporation; EVOLVE REALTY & DEVELOPMENT CORP., a California corporation; and ROES 1-50 Complaint Haray Ghazarian; Rafigh Shahmirzayan; Garnik Savarani v. 11015 Noho, LLC; Evolve Realty & Development Corp Cross-Complaint 2 Andrea Brooks v. RVR General Construction Inc; Joseph Samuel indiv dba J&G Constr...

Excerpt: ...loitte Tax”). Together, both parties referred to as the “Deloitte Entities.” Opposition and Reply Submitted. Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED: 1. Opus moves the Court for an order compelling Deloitte & Touche LLP to provide further verified responses to Opus' Request for Production of Documents, Set One, as well as a privilege log for requests f...

Excerpt: ...COMPEL FURTHER RESPONES Moving Party: Defendant, Michael E. Cooper (“Defendant” or “Michael”) Responding Party: Plaintiff, Leslie A. Carmell (“Plaintiff” or “Leslie”) Opposition and Reply Submitted. 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 moves to compel further responses to three different discovery methods and moves for sanctions...

Excerpt: ...FAMILY TRUST Responding Party: Plaintiffs, KAREN SARGSYAN, et al. (Opposition and Reply Submitted) Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address:Ok REQUESTED RELIEF Defendants move to strike three portions of Plaintiffs' Complaint pursuant to CCP §436 and on the grounds that the material is improper and not drawn in conformity with applicable law. Defendants request to strike all ref...

Excerpt: ...eply submitted ) REQUESTED RELIEF Motion to compel Defendant to designate and produce for deposition, its Person(s) Most Qualified (“PMQ”) on all categories identified in Plaintiff's Notice of Deposition of the Person Most Qualified for General Motors, LLC and Demand to Produce Documents at Deposition (“Deposition Notice”); and directing Defendant to comply within 10 calendar days. BACKGROUND This action alleges that Defendant General Mot...

Excerpt: ...von Way”) (Opposition and Reply Submitted) 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 moves for an order sustaining general demurrers to the entire Second Amended Complaint (“SAC”) for: 1) Fraud pursuant to Civil Code §1623, 2) Breach of Contract, 3) Money Had and Received, 4) Intentional Misrepresentation, and 5) Negligent Misrepresentation. M...

Excerpt: ...rc Ramirez (“Ramirez”), and Pacific West Properties, Inc. (“Pacific West”), collectively (“Defendants”) Responding Party: Plaintiff, Armkar Entertainment (“Plaintiff” or “Armkar”) Opposition timely submitted, No Reply 16/5: Timely Address: ok RELIEF REQUESTED · Demurrer be sustained as to all five causes of action · Reasonable Attorney's fees and costs of suit incurred herein · Strike paragraph 28 in the FAC · In so far as...

Excerpt: ...N HOLDINGS, LLC; GARRETT LOUBE; SCHLOMO RECHNITZ, an indiv; and Does 1-40, inclusive. TENTATIVE RULING ON DEFENDANTS' MOTION TO BIFURCATE Moving Party: Defendants, San Marino Skilled Nursing and Wellness Centre (“San Marino”), SMSN Holdings (“SMSN Holdings”), and Shlomo Rechnitz (“Rechnitz” and collectively with SMSN Holdings, the “Non-Operating Parties”) Responding Party: Plaintiff, ESTATE OF SUSAN SCHROEDER, by and through Adam ...

Excerpt: ... 1005(b)): Ok ¿ RELIEF REQUESTED¿¿ An order setting aside the dismissal of the action and entering judgment pursuant to the parties' stipulation in the amount of $48,910.96. Plaintiff titles this a “Motion for an order setting aside dismissal and entering judgment pursuant to the parties' stipulation for entry of judgment,” but this motion would be more appropriately titled a Motion to Enforce Settlement, per CCP 664.6. This is not, techni...

Excerpt: ...25, inclusive ¿ TENTATIVE RULING ON CROSS‐DEFENDANT'S MOTION TO COMPEL EXPERT DEPOSITIONS AND REQUEST FOR MONETARY SANCTIONS¿¿ ¿ Moving Party: Cross Defendant, One UnitedBank (“OneUnited”) Responding Party: Cross‐Complainants, Massoud Tayyar and Cynthis Salinas (“Cross‐Complainants”) (Opposition & Reply Submitted) SERVICE Proof of Service Timely Filed (CRC Rule 3.1300) : Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok ¿ RELIEF REQ...

Excerpt: ...Ok Opposition and Reply Submitted RELIEF REQUESTED¿¿ Writ of attachment in the amount of $408,510.00. BACKGROUND¿ Plaintiff Ken Okuyama Design USA, Inc. filed a complaint for breach of contract against Defendant, R Motor Company, dba Drako Motors, for unpaid work the Plaintiff alleges it performed at the Defendant's request in the design and manufacture of prototypes used by the Defendant in its automobile production business. Plaintiff seeks ...

Excerpt: ...L LYUBOVNY an indiv; MICHAEL CHTIVELMAN, an indiv; ROES 1-10 TENTATIVE RULING ON CROSS‐DEFENDANT'S MOTION TO STRIKE¿¿¿¿ ¿¿¿ Moving Party:¿ Cross-Defendant, Michael Chtivelman (“Chtivelman”) Responding Party: Cross-Complainant, Northridge Caregivers Co. Inc., a California corporation (“NCCI” or “Cross-Complainant”) Opposition and Reply Submitted PROCEDURAL Generally, an anti-SLAPP must be filed within 60 days of service of th...

Excerpt: ...rty: Plaintiffs, Oganes Oganisean; Tamara Oganisean; Amely Oganisean a minor by Oganes Oganisean as her guardian ad litem Responding Party: Defendants (No Opposition) SERVICE Proof of Service Timely Filed (CRC Rule 3.1300) : No, but no Defendants have yet been served or appeared herein. 16/21 Court Days Lapsed (CCP 1005(b)): All 3 motions filed 7/30/2021 but no proof of service to know if they were served on opposing party with 16/21 days notice....

Excerpt: ...endant. The instant motion was served to Edgar Gevorgyan at 949 Calle Amable, Glendale, CA 91208. The same address was used by Plaintiff for service of the proof of service of summons. ¿¿¿ RELIEF REQUESTED¿¿¿ Plaintiff moves the Court for an order amending the judgment entered by the Court on January 21, 2020 pursuant to CCP §128 and the Court's inherent power to amend its judgment. BACKGROUND On January 21, 2020, the Court entered a defau...

Excerpt: ... moving party was not signed. However Opposition was submitted and the lack of signature on the demurrer was not brought up. ¿¿ RELIEF REQUESTED¿¿¿ Defendant demurs to Plaintiff's First Amended Complaint (“FAC”) pursuant to CCP §430.10 because Plaintiff's FAC does not state a cause of action by failing to allege proper service of the notice to quit and because the verification is inadequate. BACKGROUND Plaintiff Arsen Mkerchyan filed a ...

Excerpt: ...hyr BACKGROUND Zephyr filed a memorandum of costs on April 14, 2021 claiming fees from June 19, 2020 through March 31, 2021 for the sum of $192,914.92. The amount of $192,914.92 comprised of three categories: 1) $32,938.50 for hourly billing, 2) $29,923.65 for a contingency fee already paid, and 3) $130,052.77 for contingency fees that would allegedly be owed to Wallin & Russell LLP (“WR”) if Skylight were to pay 100% of the Court's prior att...

Excerpt: ...ary judgment shall be granted or denied on the same basis as a motion under Section 437c.” Additionally, CCP §437c(s) states, “Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) or Title 3 of Part 3.” Defendant argues in an unlawful detainer action, a motion for summary judgment may be made on five days notice. Here, Defendant provided notice on August 31, 2021 which is more than f...

Excerpt: .... Mot.,Oppo., Reply timely. RELIEF REQUESTED  An order granting Plaintiff's Motion for Leave to Amend the Third Amended Complaint to add a claim for punitive damages pursuant to CCP §425.13 as to Defendant Gordon H. Sasaki, M.D. BACKGROUND Plaintiff moves the Court for an order granting her Motion for Leave to Amend the Third Amended Complaint to add a claim for punitive damages as to Defendant Gordon H. Sasaki, M.D. Plaintiff makes several a...

Excerpt: ...; CALIFORNIA RECEIVERSHIP GROUP, BC v. LEVON H. BARDAKJIAN, as Co-Trustee of the Levon and Sylvia Bardakjian Family Trust dated July 24, 2004; SYLVIA R. BARDAKJIAN, as Co-Trustee of the Levon and Sylvia Bardakjian Family Trust dated July 24, 2004; LEVON H. BARDAKJIAN, an Indiv.; SYLVIA R. BARDAKJIAN., an Indiv; 1001 LAS LOMAS LLC, a California Limited Liability Company; CITY OF DUARTE, a California municipal corporation; ROES 1 through 20, inclus...

Excerpt: ...hoenix Ambulance and Medcoast Ambulance Service; JPMorgan Chase Bank, NA, a New York Corporation; Artine Safarian, an indiv.; Robert Douglas Spiro Jr., an indiv; and Roes 1 through 50 TENTATIVE RULING ON CROSS-DEFENDANT ROBERT DOUGLAS SPIRO'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION Moving Party: Cross-Defendant, Robert Douglas Spiro Jr. (“Spiro”) Responding Party: Cross-Complainant, Meguerditch Panossian (“P...

Excerpt: ...t against Defendant for two causes of action – 1) Breach of Contract and 2) Claim and Delivery. Plaintiff alleges it entered into a written Lease Agreement with Defendant to lease an Audi and Defendant failed to make the required monthly installments. Plaintiff now demands return of the vehicle and is filing a Writ of Possession. PROCEDURAL 16/+5 Day lapse (CCP §1005(b)): Yes Required Documents: __Yes__ Summons and Complaint __Yes__ Notice of ...

Excerpt: ...c Medical Center (“Sasaki Defendants”) Responding Party: Susan Harman Motion, Oppo., Reply all timely RELIEF REQUESTED  Sasaki Defendants move the Court to strike the following three portions of Plaintiff's, EDWARD M WOLKOWITZ's, Chapter 7 Trustee for SUSAN HARMAN in Case No. 2:18-bk- 18954-BB, Third Amended Complaint(“TAC”): o The Third Cause of Action for Intentional Misrepresentation in its entirety. [Located on page 16, line 15, th...

Excerpt: ...ltz”), and DOES 1-10 TENTATIVE RULING ON PLAINTIFF/CROSS- DEFENDANT'S 9 MOTIONS TO COMPEL Moving Party: Plaintiff and Cross-Defendant, Varda Responding Party: Defendants and Cross-Complainants, AR, Schultz, and PG (No Opposition submitted) 16/+5 lapse: Ok RELIEF REQUESTED: 1. “Motion 1” – Plaintiff and Cross-Defendant Varda moves for an order compelling Defendant and Cross-Complainant AR to serve complete verified responses without object...

Excerpt: ...0(c)): ok 16/+5-day lapse: ok ¿ RELIEF REQUESTED¿¿¿ An order permitting discovery of Defendant Mehrzad Seraji's financial condition. BACKGROUND¿ The instant case arises out of an underlying criminal case. On 08/09/2018 Defendant Mehrzad Seraji pleaded nolo contendere with the approval of the court to a violation of Penal Code Section 245(a)(4). On 11/22/2019 the instant case was filed against Plaintiff and alleged causes of action for 1) Dom...

Excerpt: ...inez (“Defendants”) Responding Party: Plaintiff, Santos Romeo Vaquerrano Motion, Opposition, and Reply are timely. RELIEF REQUESTED¿  Defendants move to dismiss the Complaint or in the alternative strike a First Amended Complaint (“FAC”) BACKGROUND On April 16, 2021, this Court sustained Defendants' demurrer to the Complaint. The Complaint contained causes of action for breach of contract, common counts, and embezzlement, and the Cour...

Excerpt: ...ximedi”) Responding Party: Blue Flame Medical LLC (“Blue Flame”) Motion, Opposition, and Reply timely submitted RELIEF REQUESTED¿ Writ of Attachment to secure $2,304,940.00 BACKGROUND This case arises in connection with an action to collect contract damages for the cost of personal protective equipment (“PPE”) supplied by Plaintiff. (Pl. Memo. p. 1.) Plaintiff, Maximedi, alleges that Defendant, Blue Flame, owes Plaintiff a total of $2,...

Excerpt: ...r compelling Plaintiff, Deanna Gooch, to serve further response to Form Interrogatories- General, Set One, Nos. 6.0, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 10.1, 10.3 BACKGROUND: Plaintiff, Deanna R. Gooch, filed a complaint against defendants Albert Romero and Kelsey Smith for racial discrimination and partiality. (Compl. p.1.) Plaintiff is an employee of Kaiser Permanente. (Id.) Defendant Albert Romero is an employee and Administrative Supervisor o...

Excerpt: ... Party: Cross-Defendant RVR General Construction, Inc. (No Opposition Submitted) Plaintiff filed a notice of Non-Opposition RELIEF REQUESTED  An order compelling the Person Most Knowledgeable (“PMK”) of Cross-Defendant RVR General Construction, Inc. (“Cross-Defendant”) to appear for the deposition on a date certain as specified by the Court, with the deposition to continue day to day until completed.  An order compelling RVR and its...

Excerpt: ... CENTER, INC., SMSN HOLDINGS, LLC; GARRETT LOUBE; SCHLOMO RECHNITZ, an indiv; and Does 1-40, inclusive. TENTATIVE RULING ON DEFENDANTS' MOTION TO BIFURCATE Moving Party: Defendants, San Marino Skilled Nursing and Wellness Centre (“San Marino”), SMSN Holdings (“SMSN Holdings”), and Shlomo Rechnitz (“Rechnitz” and collectively with SMSN Holdings, the “Non-Operating Parties”) Responding Party: Plaintiff, ESTATE OF SUSAN SCHROEDER, by...

Excerpt: ...0 2. Violation of the Unruh Civil Rights Act RELIEF REQUESTED 1. Defendant demurs to the alleged violation of the ADA for failure to state facts sufficient to constitute a cause of action and for uncertainty. 2. Defendant demurs to the violation of the Unruh Act for failure to state facts sufficient to constitute a cause of action and for uncertainty. 2. Request for Judicial Notice 3. Motion to Strike Background Plaintiff, Orlando Garcia has cere...

Excerpt: ...mon counts, and quantum meruit. In relevant part, the Complaint contends, “Plaintiff sent invoices for the work performed, specifically, but not limited to the construction and/or fabrication of metal works and hauling of debri[sic] from the construction site wherein work was performed. Plaintiff contends that Defendants and each of them has not paid for the materials, hauling materials and/or labor involved in the process of providing the serv...

Excerpt: ...y Submitted) RELIEF REQUESTED: Order granting leave of court to file a cross-complaint. BACKGROUND Plaintiff filed causes of action for breach of contract, negligence, and unjust enrichment arising out of construction work performed at the Subject Property to seek damages from Defendants. Defendants now allege there are two recently revealed sub-contractors, Top Welding and Ron Construction, wherein Defendants seek to file cross-complaints agains...

Excerpt: ...DENTIARY, OR TERMINATING SANCTIONS AND MONETARY SANCTIONS Moving Party: Defendants/Cross-Complainants Melissa M. Sui and Jinxue Sui (“Defendants” or “Sui”) Responding Party: Plaintiffs/Cross-Defendants Lin Zhao and Lu Sun (“Plaintiffs” or “Zhao”) - No Opposition as of 8/18/2021 – and Moving Party filed a notice of no opposition RELIEF REQUESTED: Pursuant to CCP §2031.310(a) and 2031.310(b) an order: 1. 1) Compelling Plaintiffs/...

Excerpt: ...SERVICES, COMMUNITY LICENSING DIVISION Moving Party: Defendants, Universal Day Program, Arevik Matevosian, Aramais Matevosian (“Defendants”) Responding Party: Plaintiff, L.K. Opposition and Reply both timely submitted. RELIEF REQUESTED: 1. Defendants move this Court for a protective order under CPC §1987.1 to quash the subpoena for the production of files related to the Defendants, namely the records described in Plaintiff, Linda Kim's subpo...

Excerpt: ...��), and DOES 1-10 TENTATIVE RULING ON 6 OF DEFENDANT COLLIER'S MOTIONS TO COMPEL Moving Party: Defendant, Colliers Responding Party: Defendants PG, Schultz, and AR (No Opposition submitted) (**Email address issue with Proof of Service – see Tentative Ruling) RELIEF REQUESTED: 1. “Motion 1” - Defendant Colliers moves for an Order Compelling Defendant PG to serve complete verified responses without objection to Colliers' Requests for Product...

Excerpt: ...Court for a Protective Order providing that the depositions of Jerome Thornton II and Gallagher Bassett Services, Inc, (“Gallagher Bassett”) and any of its current or former personnel shall not be taken in this case. RELIEF REQUESTED 1. Defendant moves the Court both to Quash Deposition Subpoenas and for a Protective Order that the depositions of deponent Jerome Thornton II and Gallagher Bassett Services, Inc. (or any other current or former ...

Excerpt: ...reach of Contract 2. Open Book Account RELIEF REQUESTED:  Defendant demurs to First Cause of Action for failure to state facts sufficient to constitute a cause of action. CCP 430.10(e).  Defendant demurs to First Cause of Action on the ground it cannot be ascertained from the pleading whether the contract is written, oral, or is implied by conduct. CCP 430.10(g).  Defendant demurs to First Cause of Action for being so uncertain, ambiguou...

Excerpt: ...ng 10)Fraudulent Conveyance CAUSES OF ACTION AS TO THE MOVING DEFENDANT 1)Aiding and Abetting Breach of Fiduciary Duty 9)Accounting 10)Fraudulent conveyance - Defendant Anca M. Barbu Demurs to all causes of action that they fail to state sufficient facts to constitute a cause of action and is uncertain RELIEF REQUESTED:  Defendant, Anca M. Barbu, demurs to the first, ninth, and tenth causes of action for failure to state facts sufficient to co...

Excerpt: ...Act RELIEF REQUESTED 1. Plaintiff fails to state a claim because the website complies with the Reservations Rule and therefore the claim fails as a matter of law. 2. Request for Judicial Notice Background Plaintiff, Orlando Garcia has cerebral palsy, which only allows him use of one arm and limits his ability to walk. Plaintiff uses a wheelchair, walker, or cane for mobility. Defendant, Grand Pasadena Inn, Inc. a California Corporation, owns and ...

Excerpt: ... this Court for an order compelling defendant Joshua Sutherland to serve further responses to Requests for Admissions, Set No. One, Nos. 1 through 14, and Request for Production of Documents Set No. 2 (erroneously marked as Set No. 1), Nos. 1 through 5, served on April 20, 2021. BACKGROUND: On June 27, 2019, plaintiff Sergiu Smecal (“Plaintiff”) filed his complaint against defendants Titanium Alarm, LLC ("Titanium") and Joshua Sutherland ("Su...

Excerpt: ...al declaration pursuant to 6/11/21 order to show proper service but did not do so) 16/+5 day¿lapse (CCP §1005):¿ok¿¿ No timely filed Reply brief(s). RELIEF REQUESTED: (1) Order transferring this action to Orange County (2) Sustain demurrer to action SUMMARY OF FACTS: On January 26, 2021, Plaintiff Perla Mageno (“Plaintiff”) filed a complaint against Defendant Dominic Zampino (“Defendant”) and Does 1 through 10 for Violation of the Un...

Excerpt: ...nding Party: (1) Plaintiffs Pavel Lyubovny and Michael Chtivelman Pleading filed on: April 16, 2021 Demurrer filed on: May 17, 2021 (NCCI) May 25, 2021 (Li) May 26, 2021 (Smushkevich) Pleading served on: April 16, 2021 Within 30 days?: No, but untimeliness not argued Meet and Confer? OK (NCCI) NO (Li) NO (Smushkevich) RELIEF REQUESTED: Sustain demurrer to Third Amended Complaint; Strike Portions of Third Amended Complaint CAUSES OF ACTION: from T...

Excerpt: ...ff Anthony Nguyen's second amended complaint in its entirety on the grounds that it is uncertain pursuant to Code of Civil Procedure § 430.10(f). He also demurs to the first, second, third and sixth causes of action raised in the second amended complaint on the ground that they fail to state a claim pursuant to Code of Civil Procedure § 430.10(e). He further requests that the demurrer be sustained without leave to amend and for an order dismiss...

Excerpt: ... §1005): ok RELIEF REQUESTED: Defendant Andrew Nowaczek demurs solely to the sixth cause of action for financial elder abuse raised in Plaintiffs' First Amended Complaint on the ground that it fails to state a claim pursuant to Code of Civil Procedure § 430.10(e). He requests that the demurrer is sustained without leave to amend. BACKGROUND: On December 13, 2020, Plaintiffs filed this action against Defendants Andrew Nowaczek, Marta Litwin, and...