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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...§§ 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: ...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: ....] 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...