Excerpt: ...Code § 3706) 2. Negligent Hiring 3. Negligent Entrustment & Supervision 4. Failure to Pay All Regular Wages Earned (Cal Labor Code §§ 204, 218.5, 218.6, & 510) 5. Failure to Pay All Overtime Wages Earned (Cal Labor Code §§ 510, 1194, & 1194.2) 6. Failure to Provide Meal Breaks (Cal Labor Code §§ 226.7 & 512) 7. Failure to Provide Rest Periods (Cal Labor Code §§ 226.7 & 512) 8. Failure to Furnish Accurate Wage Statements (Cal Labor Code �...

Excerpt: ...intiff presented his vehicle to authorized dealerships to have the defects repaired, but the dealerships failed to conform the Vehicle to its express warranties. (Complaint, ¶¶ 23-24.) Plaintiff subsequently filed his Complaint on February 2, 2023 alleging the following six causes of action: 1. Fraudulent Concealment and Misrepresentation; 2. Negligent Misrepresentation; 3. Business & Professions Code §17200; 4. Song-Beverly Consumer Warranty ...

Excerpt: ...ed a declaration to the Court at the start of trial requesting a continuance of the trial. The Court denied Defendant's oral motion for a continuance due to lack of diligence, lack of good cause, and prejudice to the Plaintiff. Notably, Defendant had previously received several continuances of the trial. Defendant appeared remotely via LACourtConnect, audio only. The Court entered judgment for Plaintiff against Defendant in the amount of $76,396....

Excerpt: ...d Supplemental Allegations—Unlawful Detainer, ¶ 10.) The complaint alleges that on or about March 31, 2023, Plaintiff had Defendant served, via posting and mailing, with a three-day notice to pay rent or quit (the “Notice”) demanding $57,336.00 in unpaid rent. (Id. ¶¶ 9–10, Exs. 2 & 3.) Defendant has filed a demurrer to the Complaint. Plaintiff opposes the demurrer. Discussion on Demurrer A. Demurrer Standard – “[A] demurrer tests ...

Excerpt: ... GCC entered into a commercial lease agreement wherein Plaintiff agreed to lease the premises located at 8218 Sunset Boulevard, West Hollywood, California 90046 to GCC for a period of five years at an initial base rate of $6,500 per month from September 1, 2020 and August 31, 2021. (Compl. ¶ 9; Exh. A.) Thereafter, the base rate would increase for each subsequent period. (Ibid.) Concurrently with the execution of the commercial lease, Rooney exe...

Excerpt: ...intiff has filed the instant Motion to Enter Judgment Pursuant to Settlement Agreement (CCP 664.6) and for an Award of $2,160.00 in Attorneys and Costs. Defendant opposes the motion. Legal Standard “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the t...

Excerpt: ...oves for summary judgment, or in the alternative, summary adjudication. Defendant does not oppose the motion. Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP § 437c...

Excerpt: ...rienced in connection with a residential condominium owned by Plaintiff and managed by Defendant Association through Defendant Eisner. Plaintiff filed the operative First Amended Complaint (“FAC”) on June 10, 2022, alleging the same causes of action against Defendants. Plaintiff has now filed the instant motion for leave to file a second amended complaint. Defendants oppose the motion. Legal Standard Per Code of Civil Procedure section 473, s...

Excerpt: ...ect. During the project, Plaintiffs allegedly learned the general contractor and various subcontractors did not construct Plaintiffs' home according to Plaintiffs' specifications. Plaintiffs filed this lawsuit against Montalba, Montalba employees David Montalba, Michael Knopoff, Jon Handzo, and Ben McDonald of Montalba (collectively, the “Montalba Defendants”), PBS, and other parties. PBS and the Montalba Defendants (collectively, the “Sett...

Excerpt: ...at the facility failed to comply with ADA standards. (Complaint, ¶ 8 and ¶ 10.) Specifically, Plaintiff alleges that (1) the outdoor dining surfaces did not possess enough knee clearance and (2) that the condiments were located on a counter that was too high to reach. Defendant brings a demurrer and motion to strike the Complaint. Plaintiff opposes the motions. Request for Judicial Notice Defendant requests that the Court take judicial notice o...

Excerpt: ...ntinental Real Estate Services, Inc. (Shaaya and Continental collectively “Cross-Defendants”) seeking, among other things, to invalidate the purchase agreement. On November 29, 2022, Cross-Complainant filed a First Amended Cross-Complaint (“FACC”) asserting causes of action for breach of fiduciary duty, fraud, negligence, negligent misrepresentation, and constructive fraud. On March 20, 2023, the Court sustained Cross-Defendants' demurrer...

Excerpt: ... fails to state facts sufficient to constitute a cause of action against it and is uncertain under Code Civ. Proc. § 430.10(e) and (f). JLL's demurrer is unopposed. Roth Staffing demurs on the grounds that the Court lacks subject matter jurisdiction under Code Civ. Proc. § 430.10(a) since the matter is currently being litigated in arbitration. Roth Staffing's demurrer is also unopposed. As these demurrers challenge the same pleading, the Court ...

Excerpt: ...e in the film despite representations that no nudity would be required or filmed in connection with the movie. Plaintiffs' Complaint asserted seven causes of action against Defendant for sexual harassment, fraud, sexual abuse, appropriation of name and likeness, intentional infliction of emotional distress, negligence, and unfair business practices. Defendant previously brought a motion to strike under Code Civ. Proc. § 425.16, which extends pro...

Excerpt: ...revious motion for summary judgment for the following reasons: 1) Plaintiff brought the motion before the 60-day period elapsed from Defendant's first general appearance and thus the motion was procedurally improper, 2) Plaintiff provided insufficient evidence to support his claim under Business & Professions Code § 7031(b), and 3) Plaintiff did not establish the threshold elements of his causes of action for breach of contract or negligence. Le...

Excerpt: ...from the former owner, Lauren Ivester (“Ivester”), Jacobs contends Ritchie is improperly occupying the property, claiming to have a valid interest in the property by virtue of a lease agreement between himself and Ivester entered into prior to the sale of the property to Jacobs. On April 7, 2023, the Court granted Ritchie's motion for leave to file a First Amended Cross-Complaint, which was deemed filed that same day. Ritchie's FACC asserts c...

Excerpt: ...s the Court to take judicial notice of documents filed in this litigation as well as records from the California Secretary of State. Plaintiff's request is unopposed and is GRANTED. Legal Standard Motions to strike are used to reach defects or objections to pleadings which are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (C.C.P. §§ 435, 436 & 437.) A motion to strike lies only where the pleading has irrelevant...

Excerpt: ...ims against them. Defendants' motion is unopposed. Legal Standard Motions for summary judgment are governed by Code Civ. Proc. § 437c, which allows a party to “move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (C.C.P. § 437c(a)(1).) The function of a motion for summary judgment or adjudication is to allow a determination as to whethe...

Excerpt: ...edical Holdings, Inc. (collectively “Defendants”). On April 26, 2023, the Court sustained Defendants' demurrer to Plaintiff's Second Amended Complaint (“SAC”) and granted Defendants' motion to strike Plaintiff's claim for punitive damages. Plaintiff now brings a motion asking for reconsideration of that April 26 ruling. Defendants oppose the motion. Legal Standard Code Civ. Proc. “[s]ection 1008 governs motions for reconsideration, by p...

Excerpt: ...cember 29, 2022, and alleges three causes of action for breach of the duty of loyalty, intentional interference with prospective economic relations, and negligent interference with prospective economic relations. Defendant now brings this demurrer to all of Plaintiff's causes of action, arguing they are preempted by the California Uniform Trade Secrets Act and fail to state sufficient facts to constitute a cause of action against him under Code C...

Excerpt: ...oss-Complaint against Plaintiff and other parties alleging defects in the construction project which formed the basis of Plaintiff's claim. In February 2022, the parties notified the Court that a settlement had been reached as to almost all the parties to the action. Based on this representation, the Court vacated the trial date in this action and set an Order to Show Cause regarding the resolution of the case as to the remaining parties. After g...

Excerpt: ...his personal bank account and then transferred it to his stock account which was in the name of his trust. GM III passed away on December 14, 2020, and Defendant George Montgomery IV (“Defendant”) was appointed the administrator of GM III's estate. Plaintiff alleges Defendant is the sole beneficiary of the GM III trust, and has refused Plaintiff's demand for return of the funds. Plaintiff's Complaint asserts causes of action against Defendant...

Excerpt: ...tion of separate personal injury and malpractice actions brought by Plaintiffs. The Defendants separately brought three motions to strike Plaintiffs' Complaint pursuant to Code Civ. Proc. § 425.16, which extends protections to strategic lawsuits against public participation (“SLAPP” actions). On February 28, 2023, the Court issued an order granting Defendants' motions as to three of the four claims asserted by Plaintiffs. New York Marine now...

Excerpt: ...e, breach of contract, and elder financial abuse, among others. A default judgment was entered against Defendant on November 14, 2019. On October 16, 2020, Defendant filed a motion to vacate the default judgment, which was granted by the Court on September 2, 2021. Defendant then filed an answer by way of a General Denial on September 8, 2021. Plaintiff argued she was not properly served with notice of Defendant's motion to vacate, and on January...

Excerpt: ...in business entities which are relevant to the instant dispute between the parties. Defendant opposes Plaintiff's motion. Legal Standard “Disqualification of counsel may be ordered ‘when necessary in furtherance of justice. (Code Civ. Proc., § 128,¿subd. (a)(5).)'”¿(In re Marriage of Zimmerman¿(1993) 16 Cal.App.4th 556, 562 (quoting¿Elliott v. McFarland Unified School Dist.¿(1985) 165 Cal.App.3d 562, 567).)¿“It is well settled that...

Excerpt: ...ement and a declaration of the parties' respective rights and obligations thereunder. Plaintiff now moves to strike certain paragraphs from Defendant's Cross-Complaint, arguing they are irrelevant to the instant dispute between the parties and have been included solely to embarrass him. Plaintiff separately moves to seal the Cross-Complaint in its entirety, or, alternatively, certain paragraphs of that Cross-Complaint. Defendant opposes Plaintiff...

Excerpt: ...scope of the work to be performed, and failed to competently perform the work. Defendants bring a demurrer to each of these causes of action, arguing each fails to state sufficient facts to constitute a cause of action against them under Code Civ. Proc. § 430.10(e). Defendants separately move to strike certain paragraphs of the Complaint concerning punitive damages, as well as one paragraph from the Complaint's prayer for relief. Plaintiff oppos...

Excerpt: ...�Defendants”) owned the remaining shares in PlusArch. Plaintiffs bring this action asserting Iman was improperly denied profits and distributions from the operation of PlusArch during his life. On April 5, 2023, Plaintiffs filed a Third Amended Complaint (“TAC”). Defendants move to strike the TAC in its entirety, arguing it was filed without leave of Court and is not properly verified. Defendants separately bring a demurrer challenging cert...

Excerpt: ... because he was not properly served with the Summons and Complaint by Plaintiff. Plaintiff opposes Defendant's motion. Legal Standard Courts may set aside a default or default judgment due to lack of actual notice. Code Civ. Proc. § 473.5 states, in pertinent part, that a motion to set aside on this basis must “be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused b...

Excerpt: ...orneys fees and costs as if it were deemed the prevailing party pursuant to Civil Code S 1974. (ld. at 12.) The offer further provided that Defendant would agree to pay $15,000 in such attorneys fees, or Plamtiff could elect to bring a motion to have the Court set the fee award. (ld.) Plaintiff accepted the offer on October 26, 2022, resolving this action. Plaintiff now moves for an award of attorneys fees and costs. Defendant opposes Plamtiffs m...

Excerpt: ...ondent had failed to pay them the 7% commission they were owed under this oral agreement. In a July 13, 2022, Determination of Controversy, the Labor Commissioner found in Petitioners' favor, finding Respondent had improperly withheld commission payments for a time period running from 2015 to 2016. Petitioners now ask the Court to confirm the award of the Labor Commissioner. Their Petition is unopposed. Legal Standard "[T]he proper procedure for ...

Excerpt: ...med entities ABS Shoring, Inc„ and Aim Development, Inc. dba Sol Construction as Defendants. These entity Defendants, together with Mr. Soleimany (collectively "Cross-Complainants") filed a Cross-Complaint against Ms. Soleimany. I'Vhen Ms. Soleimany failed to respond to the Cross-Complaint, default was entered against her. Ms. Soleimany now moves to vacate or set aside the entry of default against her on the Cross-Complaint so she can appear an...

Excerpt: ...three motions to strike Plaintiffs' Complaint pursuant to Code Civ. Proc. 5 425.16, which extends protections to strategic lawsuits against public participation ("SLAPP" actions). On February 28, 2023, the Court issued an order granting Defendants' motions as to three of the four claims asserted by Plaintiffs. M&U now moves for an award of $38,340 in attorneys fees and costs incurred in bringing that anti SLAPP motion to strike and the instant mo...

Excerpt: ...ons that no nudiv would be required or filmed in connection with the movie. Plaintiffs' operative Complaint filed December 30, 2022, asserts seven causes of action against Defendant for sexual harassment fraud, sexual abuse, appropriation of name and likeness, intentional infliction of emotional distress, negligence, and unfair business practices. Defendant now moves to strike Plaintiffs' entire Complaint pursuant to Code Civ. Proc. S 425.16, whi...

Excerpt: ...ng Requests for Admission and the second concerning Form Interrogatories. Defendant opposes both motions, which were previously the subject of an Informal Discovery Conference with the Court In the interest of efficiency, the Court will address the two motions together. Legal Standard Under Code Civ. Proc. S 2030.300, subdivision (a), a court may order a party to serve a further response to an interrogatory. On receipt of a response to interrogat...

Excerpt: ...rings a demurrer to this cause of action, arguing It fails to state sufficient facts to constitute a cause of action against it and is barred by the applicable statute of limitations. Plaintiff opposes the demurrer. Legal Standard VVhen considering demurrers, courts read the allegations liberally and in context (Wilson v. Transit Authority of Ciw ofSacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be appare...

Excerpt: ...lease a 2019 Rolls-Royce automobile. O'Gara subsequently assigned the lease to Plaintiff. Plaintiff alleges Manoukian breached the lease agreement by falling to make required monthly payments and Improperly transferring possession of the vehicle to Radical without Plaintiffs knowledge or consent Plaintiff filed a Complaint on March 15, 2023, allegmg four causes of action for (1) breach of contract, (2) common count, (3) claim and delivery, and (4...

Excerpt: ...l to state facts constituting a defense and are uncertain. Defendant opposes the demurrer. Request for Judicial Notice Plamtiff asks the Court to take judicial notice of Plaintiffs Complaint and Defendants Answer in this action. (Boris Decl. at fml.) Plaintiffs request does not comply with the requirements of Califorma Rules of Court rule 3.11130), which provides "Any request for judicial notice must be made in a separate document listmg the spec...

Excerpt: ...ees improperly access his apartment unit to steal his watches. On February 3, 2023, Defendant filed a Cross-Complaint against Plaintiff alleging a sole cause of action for breach of contract, alleging Plaintiff breached his obligation under the lease agreement to obtain and maintain adequate renter's insurance naming Defendant as an additional Insured. Plaintiff now brings a demurrer to Defendants Cross-Complaint arguing It fails to set forth suf...

Excerpt: ...laint against Plaintiff and other parties alleging defects in the construction project which formed the basis of Plaintiffs claim. In Februaty 2022, the parties notified the Court that a settlement had been reached as to almost all the parties to the action. Based on this representation, the Court vacated the trial date in this action and set an Order to Show Cause regarding the resolution of the case as to the remaming parties. After granting Cr...

Excerpt: ...njured Plaintiff at school. Plaintiff has filed separate motions seeking to compel the depositions of Defendants, and has also filed motions seeking to compel Ms. Del Rosario to provide further responses to written discovery propounded on her by Plaintiff consisting of Form Interrogatories, Special Interrogatories, and Requests for Admission. In total, Plaintiff has filed five discovety motions agamst Defendants, each of which is unopposed. In th...

Excerpt: ...efendant's eviction for non-payment of rent due to Defendant's COVID-19 related financial distress. In advance of the hearing, the Court issued a tentative ruling granting Defendants motion for summary judgment On Februaty 18, 2022, before the Court issued a final order on the summary judgment motion, Plaintiff filed a request for dismissal seeking to dismiss its case withoutprejudice. The dismissal was entered the same day by the Court clerk and...

Excerpt: ...ildhood sexual assault Defendant brings this motion under Code Civ. Proc. 5 1030 to require Plaintiff to post security as a nonresident plaintiff currently residing in New Jersey. Plamtiff opposes the motion. Objections to Evidence Plamtiff objects to the declaration of Michelle Magnier submitted mth Defendant's reply, arguing It was improper for Defendant to include new evidence in its reply as it deprived Plaintiff of the opportunity to respond...

Excerpt: ...Complaint Plaintiff has also separately filed an application seeking the pro hac vice admission of Richard C. Ebeling to act as Plaintiffs counsel in this action. Plaintiffs motions are unopposed, and the Court will address them together. Legal Standard Code Civ. Proc. 5 473(a)(1) provides, in relevant part: "The court may, in furtherance ofjusüce, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or ...

Excerpt: ...urv•asei (collectively "Cross-Defendants'), as well as other individuals, alleging causes of action for breach of that same purchase agreement and fraud concerning the transaction. Cross Defendants now bring the instant demurrer to each of these causes of action and allege a misjoinder of individuals as cross-defendants in this action. Cross Defendants' demurrer is unopposed. The Court notes the instant demurrer makes repeated reference to a Fi...

Excerpt: ...alleged due under an agreement with Defendant Palisades Capital Management LLC ("PCM") for the purchase of 8.33% of the profits received by PCM from the sale of a property located at 1362 Bella Oceana Vista in Pacific Palisades, which the parties call the "Pratt" property. Defendants' previously brought a demurrer to Plaintiffs' original Complaint which the Court sustained in part and overruled in part, granting Plaintiffs leave to amend. Plainti...

Excerpt: ...nst each other for breach of restrictive covenants and nuisance concerning structures and landscaping located on their respective properties. The Court held a bench trial on the parties' claims and on February 22, 2023, entered judgment in favor of the Hommes, finding them to be the prevailing parties in the action. The Hommes now move for an order awarding them their attorney's fees incurred in this action. The Dv.yers oppose the motion. Legal S...

Excerpt: ...nts ofthe Los Angeles Superior Court. Defendant Radical Studios, Inc„ is a film studio which appears to have contracted With Plamtiff to act as a consultant in connection with certain films. Plamtiffs Complaint in this matter, filed July 22, 2022, asserts one cause of action for fraud agamst all Defendants, alleging Defendants fraudulently induced him to enter into contracts, including one for a film called "Aladdin." On October 11, 2022, the C...

Excerpt: ...ith Disabilities Act concerning the toe clearance under the outdoor dining surfaces at the restaurant. Plamtiffs Complaint alleges bvo causes of action: (1) violation of the Unruh Act and (2) violation of the Disabled Persons Act. Plaintiff seeks injunctive relief, treble actual damages, and statutory damages for each alleged violation of each Act. Defendant now moves to strike the paragraphs of Plaintiffs complaint requesting injunctive relief, ...

Excerpt: ...following the Court's entry of a stipulation filed by the parties which settled Plaintiffs claims against Defendants. As part of this settlement, Defendants were required to make monthly payments to Plaintiff or face entry of a stipulated judgment against them. Plaintiff now moves the Court to vacate the dismissal of this action and enter judgment against Defendants, claiming they have failed to make the monthly payments required by the parties' ...

Excerpt: ...r legal counsel. Plaintiffs Complaint asserts causes of action agamst Defendants for declaratoty relief, breach of fiduciary duty, breach of contract unfair competition, fraud, conversion, breach of the implied covenant of good faith and fair dealing, money had and received, and accounting. Defendants now bring this demurrer to each of these causes of action, arguing they are barred by applicable statutes of limitation. Plaintiff opposes Defendan...

Excerpt: ...st each other for breach of restrictive covenants and nuisance concerning structures and landscaping located on their respective properties. The Court held a bench trial on the parties' claims and on February 22, 2023, entered judgment in favor of the Hommes, finding them to be the prevailing parties in the action. On March 15, 2023, the Hommes filed a memorandum of costs. The Dwyers now move to strike or tax certain costs claimed in the Hommes' ...

Excerpt: ...transferred to a number of skilled nursing facilities and acute care hospitals operated by various entities, including Defendant The Regents of the University of California ("Defendant'). Plaintiffs allege Defendants failed to provide required medical care and treatment to Decedent ultimately resulting in her death. Defendant brings this demurrer to Plaintiffs' causes of action for elder abuse and negligence, alleging each fails to state sufficie...

Excerpt: ...etained Defendants to act as counsel in connection with the accident. Daneshi's claims relating to the accident were eventually settled and Plaintiffs bring this action assertmg they are owed a share of those settlement funds pursuant to the retention agreement befiveen The Law-man Group and Daneshi. Defendants now move to transfer venue to Orange County, arguing venue is proper there as that is where both Defendants reside. Plaintiffs oppose Def...

Excerpt: ...ivate practice she planned to start after resigning from Thrive. Baggett has filed a Cross-Complaint against Thrive, alleging causes of action for wrongful termination, retaliation, unfair competition, defamation, declaratory judgment, and Labor Code violations concerning the payment of wages and reimbursements. Thrive now moves for summary adjudication of Baggetts fifth cause of action for wrongful termination in violation of public policy and s...

Excerpt: ...ies revivmgthe Silverhawks television series which originally aired in the 1980s. Plaintiff contends Defendants falsely represented to have ownership of the Silverhawks intellectual property and it relied on this representation in attempting to develop a show based on that property. Defendants now bring a demurrer to Plaintiffs causes of action for breach of contract against Silverhawks and Super 7 and fraudulent misrepresentation against Flynn. ...

Excerpt: ...ivate practice she planned to start after resigning from Thrive. Baggett has filed a Cross-Complaint against Thrive, alleging causes of action for wrongful termination, unfair competition, defamation, declaratory judgment and Labor Code violations concerning the payment ofwages and reimbursements. Baggett now moves for summary judgment or adjudication of all the causes of action asserted agamst her in Thrive's Complaint, as well as to Thrive's cl...

Excerpt: ...s. On October 1, 2021, Plaintiff filed a Complaint against these individuals and entities alleging causes of action for breach of contract breach of fiduciary duty; aiding and abetting breach of fiduciary duty; intentional interference with contractual relations; fraud (concealment); civil conspiracy; constructive trust; conversion; and violation of Cal. Penal Code Section 496. On September 15, 2022, Defendant filed a motion to quash service for ...

Excerpt: ...rted against them in Plaintiffs Complaint are frivolous. Plaintiff opposes Defendants' motion. Legal Standard Code Civ. Proc. 5 128.7 states that a court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other similar papers in the following circumstances: (1) (2) (3) (4) the document is presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the...

Excerpt: ...g this demurrer to Propco's causes of action for unlawful detainer, quiet title, breach of contract, unjust enrichment equitable lien, ejectment and money had and received, arguing each fails to state facts sufficient to constitute a cause of action against them under Code Civ. Proc. S 430.10(e). Propco opposes the demurrer. Legal Standard VVhen considering demurrers, courts read the allegations liberally and in context (Wilson v. Transit Authori...

Excerpt: ...st them. Plaintiff now moves the Court to vacate the dismissal of this action and enter judgment agamst Defendants, claiming they have failed to make the monthly payments required by the parties' agreement Plaintiffs motion is unopposed. Plamtiffs motion originally came on for hearing before the Court on March 15. At that time the Court continued the hearing on this matter, and directed Plaintiff to serve Defendants with the motion. At the contin...

Excerpt: ...lectively "Defendants"). Plaintiffs operative pleading is the Second Amended Complaint ("SACO filed December 12, 2022, and asserting four causes of action agamst Defendants for (1) negligent hirmg and supervision, (2) premises liability, (3) assault, and (4) battety. Defendants now bring a demurrer to Plaintiffs first, third, and fourth causes of action pursuant to Code Civ. Proc. 5 430.10(e) and (0, arguing each fails to state sufficient facts t...

Excerpt: ...and operated by Defendant Ocean Park Healthcare LLC dba Ocean Park Healthcare ("Defendant'). Plaintiffs allege Defendants failed to provide required services to Sanford Aaronson, ultimately resulting in his death. Defendant brings this demurrer to Plaintiffs' causes of action for elder abuse and wrongful death, alleging each fails to state sufficient facts to constitute a cause of action agamst it under Code Civ. Proc. S 430.10(e). Defendant sepa...

Excerpt: ...ursuant to Code Civ. Proc. 5 425.16, which extends protections to strategic lawsuits agamst public participation ("SLAPP" actions). On February 28, 2023, the Court issued an order granting Defendants' motion to strike all claims in the Complaint except those alleging that Defendants interfered With Plaintiffs' ability to retain legal counsel. Defendants now move for an award of S47 ,860 in attorney's fees and costs incurred in bringing that anti-...

Excerpt: ...te or federal courts of Pennsylvania, where Defendant is headquartered. Plaintiff has filed a document titled "Motion for Judgment on the Pleadings" which contains an opposition to Defendant's motion to dismiss. Legal Standard VVhen a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court must stay or dismiss the action in whole or in part...

Excerpt: ...B requests the Court take judicial notice of two orders previously entered by the Court in this action. MRB's request is unopposed and is GRANTED. Legal Standards Per Code of Civil Procedure section 2034.610, subdivision (a), "On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following: [ll] (1) Augment that partrs expert witness list and declaration by...

Excerpt: ...he remaining parties entered into a settlement agreement and on February 1, 2023, the Court dismissed Plaintiffs' Complaint and Defendants' Cross-Complaint. On March 16, 2023, the Court granted Plaintiffs' motion to vacate that dismissal. Plaintiffs now move the Court to enforce the terms of the parties' settlement agreement. Defendants oppose Plaintiffs' motion. Legal Standard Code Civ. Proc. § 664.6 provides a summary procedure that enables ju...

Excerpt: ...t this dispute to mediation. Plaintiff opposes Defendant's motion. Request for Judicial Notice Plaintiff requests the Court take judicial notice of Court filings in this and Los Angeles Superior Court Case No. 18SMCV00290, as well as the initiation of arbitration proceedings before the American Arbitration Association and JAMS. Plaintiff's request is unopposed and is GRANTED. Legal Standard California Code of Civil Procedure section 1281.2 permit...

Excerpt: ...nts impermissibly conspired to interfere with the prosecution of their personal injury and malpractice actions. Upton now specially appears in this action to bring a motion to quash the service of process on him in this action and to vacate the March 15, 2023, entry of default against him. Plaintiffs oppose his motion. Objections to Evidence Upton's objections to the evidence submitted by Plaintiffs are OVERRULED. Legal Standards “A defendant ....

Excerpt: ...., Inc. (erroneously sued as “Rayco Electronics Manufacturing., Inc.”), Suraj Development Corp., Usha Patel, Mayan Patel, Brenda Jaime, and Stephanie Preciado (collectively “Defendants”) move to compel the further deposition of Plaintiff. Plaintiff opposes Defendants' motion. Legal Standard Code Civ. Proc. § 2025.450(a) provides: If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or e...

Excerpt: ...urchased from the former owner, Lauren Ivester (“Ivester”). Plaintiff contends Defendant is improperly occupying the property, and Defendant claims he has a valid interest in the property by virtue of a lease agreement he entered into with Ivester prior to the sale of the property to Plaintiff. On July 26, 2021, Defendant filed a Cross-Complaint against Plaintiff, asserting causes of action for quiet title, injunctive relief, declaratory reli...

Excerpt: ...ion), breach of contract, fraud, foreclosure of security interest, and common count. Defendant now brings a demurrer to the fourth cause of action for fraud under Code Civ. Proc. § 430.10(e) and (f), arguing it fails to state facts sufficient to constitute a cause of action and is uncertain. Defendant also moves to strike Plaintiff's claim for punitive damages as well as paragraphs 25, 26, and 46 of the Complaint relating to Plaintiffs' request ...

Excerpt: ...ily negligent, and apportioning fault between them with 75% attributed to Defendant and 25% attributed to Plaintiff. The parties have each filed appeals, which are currently pending. Plaintiff now moves under Code Civ. Proc. § 2033.420 for an award of attorney's fees incurred in proving issues which were denied by Defendant in response to requests for admission. Defendant opposes Plaintiff's motion. Request for Judicial Notice Defendant requests...

Excerpt: ...re of Defendant's employees improperly access his apartment unit to steal his watches. Plaintiff's Complaint asserts five causes of action for premises liability, negligence, breach of contract, fraud, and conversion. Defendant now brings a demurrer to each of these causes of action, arguing they fail to state facts sufficient to constitute a cause of action against them under Code Civ. Proc. § 430.10(e) or are uncertain under Code Civ. Proc. §...

Excerpt: ...iner action brought by Defendant to recover possession of the property from Plaintiffs, who are currently occupying the property. This unlawful detainer action was previously tried to a jury, who returned a verdict in favor of Defendant. The subsequent judgment entered in that action is currently pending on appeal. Plaintiffs' operative pleading in this action is the First Amended Complaint (“FAC”) filed on March 2, 2023, and asserting causes...

Excerpt: ...rom the former owner, Lauren Ivester ("Ivester"), Plaintiff contends Defendant is improperly occupying the properv, claiming to have a valid interest in the property by virtue of a lease agreement befiveen himself and Ivester entered into prior to the sale of the properVto Plaintiff On July 26, 2021, Defendant filed a Cross-Complaint against Plaintiff, asserting causes of action for quiet title, injunctive relief, declaratory relief, trespass, nu...

Excerpt: ...ents ofthe Los Angeles Superior Court. Defendant Radical Studios, Inc„ is a film studio which appears to have contracted With Plamtiff to act as a consultant in connection with certain films. Plamtiffs Complaint in this matter, filed July 22, 2022, asserts one cause of action for fraud agamst all Defendants, alleging Defendants fraudulently induced him to enter into contracts, including one for a film called "Aladdin." On October 11, 2022, the ...

Excerpt: ...iff opposes Defendants' motion. Legal Standard Motions for leave to file a Cross-Complaint are governed by Code Civ. Proc. S 428.50, which provides: (b) A party shall file a cross-complaint against any of the paraes who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross- complaint. Any other cross-complaint may be filed at any time before the court has seta date for trial. ...

Excerpt: ...on-judicial foreclosure sales as codified by the Legislature at Civil Code S 2924m. The property and Defendant Allstar Financial Services, Inc.'s ("Allstan attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with the initial suit brought by Sunrise Projects, LLC ("Sunrise"), Case Number 21SMCV00756. On January 24, 2023, the Court granted Allstars motion for summary judgment as to Cofs First Amended...

Excerpt: ...on questions and requests for production of documents propounded on Rodriguez, Barrett and third-party Kathie Kent ("Kent") in connection with the notices of deposition for those individuals. Plaintiffs served objections to the document demands, claiming they called for the protection of documents protected by the attorney-client, work product, mediation, and trade secret privileges. Plaintiffs oppose Defendants motions to compel. The Court grant...

Excerpt: ...Plaintiff claims he owns 25% of United, a company which conducts clinical trials for drug development Plaintiff alleges the mdividual Defendants misappropriated United's business, employees, revenue, contracts, and trade secrets which they used to start Defendant so they would no longer have to share profits with Plaintiff. Plamtiff now moves to compel further responses to Form Interrogatories, Special Interrogatories, and Requests for Production...

Excerpt: ...s moved to vacate or set aside this judgment, which was denied by the Court on August 9, 2021. On October 18, 2021, Plaintiff moved to reclassi$r the action as an unlimited civil action and for leave to file an amended complaint. The motion was granted by the Court and on February 23, 2022, Plaintiff filed a First Amended Complaint ("PAC") alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair deal...

Excerpt: ...'s daughter and brings this action agamst Defendant in her capaciö,' as administrator of Mr. Ohashi's estate alleging several violations of the Homeowmers Bill of Rights codified at Civ. Code S 2923.4 etseq. ("HBOR") in connection with the loan made to her father. The Court previously sustained a demurrer filed by Defendant with leave to amend. On January 9, 2023, Plamtiff filed the operative First Amended Complaint ("FAC") asserting nine causes...

Excerpt: ...2021, Plaintiff filed its operative First Amended Complaint asserting a sole cause of action for breach of contract Plaintiff previously moved the Court to compel Defendants deposition. The Court granted Plaintiffs motion on Februaty 10, 2023, and ordered Defendant to appear for deposition with 20 days of the Court's order. Plaintiff now moves for terminating and monetary sanctions, arguing Defendant has failed to comply with the Courts prior ord...

Excerpt: ... June 16, 2021, Plamtiff filed an amendment to the complaint naming Martha Woliung as the Trustee of the David Freedman and Martha Woliung Living Trust Dated October 17, 2019 ("Woliung"), in place of Doe 1. Woliung moves the Court for summary adjudication as to Plaintiffs claim for punitive damages against her. Woliung also moves the Court to strike certam portions of Plamtiffs operative Second Amended Complaint ("SACO. Plaintiff opposes Woliungs...

Excerpt: ...ion, Century, and Krous have filed Cross-Complaints against each other raising claims for indemmty. Yashar's Cross-Complaint filed August 3, 2020, asserts additional causes of action for breach of warranty and negligence. Century has filed a separate action, Case No. 21SMCV01061, seeking payment for work performed on Yashars property. On March 6, 2023, the Court consolidated the fivo actions. Krous has reached a settlement with Plaintiffs and now...

Excerpt: ... Defendant brings this demurrer to Plaintiffs entire FAC arguing It fails to state a cause of action against it because it fails to plead Plaintiffs exhaustion of administrative remedies or a statutory basis for the imposition of direct liability of Defendant which is a public entity. Defendant's demurrer is unopposed. Legal Standard Transit Authority ofCity of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects m...

Excerpt: ...edure section 473, subdivision (a) and section 576. The policy favoring amendment and resolving all matters in the same dispute is "so strong that it is a rare case in which denial of leave to amend can be justified.. "Although courts are bound to apply a policy of great liberalit•y in permittmg amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this policy should be applied only 'where no prejud...

Excerpt: ... and Defendant City of Los Angeles (collectively With Defendants Flores and Hale, "Defendants"), Plaintiff alleges only one cause of false imprisonment stemming from Defendants Flores and Hale's arrest of Plaintiff for criminal threats pursuant to Penal Code 5 422. Defendants now move for summary judgment on Plaintiffs claim for false imprisonment, arguing Plamtiff cannot succeed on his cause of action because a different Court has already determ...

Excerpt: ...rocedures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code S 2924m. The property and Defendant Allstars attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with this action. Allstar brings this motion under Code Civ. Proc. S 1030 to require Sunrise to post security as a nonresident plaintiff. Sunrise opposes the motion. Objections to Evidence Sunrise's objecti...

Excerpt: ...several written amendments. Plaintiff claims the lease term eventually expired and pursuant to the term of the parties' agreement, the lease converted to a month-to-month tenancy terminable at will upon notice by either party. Plaintiff claims it gave Defendant the requisite notice to terminate the agreement and Defendant has improperly refused to surrender Defendant now moves for summary judgment on Plaintiff s unlawful detainer claim. Request f...

Excerpt: ... are governed by Code Civ. Proc. 5 437c, which allows a party to "move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (C.C.P. S The function ofa motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dism...

Excerpt: ...s filed a Memorandum of Costs seekmg an award of $73,728.45 in costs as the prevailing parties. Plaintiff brings this motion to tax the costs sought by Defendants. Defendants oppose Plamtiffs motion. At the February 16, 2023, hearing on this motion, Defendants for the first time argued they were entitled to recover their expert witness costs pursuant to Code Civ. Proc. S 998. Based on this representation, the Court ordered the paraes to submit su...

Excerpt: ..., LLP was named as a Defendant in this action as it claims an interest in the property by virtue of an attornefs fee lien. On November 28, 2022, Martinez Law Group ("Cross-Complamanff) filed a Cross-Complaint against Plaintiff and Curtis Olson (collectively "Cross-Defendants") alleging causes of action for fraud, fraud on creditors, violation of Penal Code S 496, constructive trust, cancellation of written instruments, declaratory relief, and unj...

Excerpt: ...f a recently enacted statutory scheme which changes the procedures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code S 2924m. The property and Defendant Allstar's attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with this action. Cox initiated his owm action against Allstar, Case No. 21SMCV01011, and has filed a Cross-Complaintin this 21SMCV00756 action. All...

Excerpt: ... alleged breaches of this contract, as well as alleged fraudulent inducement and misrepresentations in connection with its formation. Defendants bring this demurrer to Plaintiff's causes of action for fraudulent inducement, negligent misrepresentation, and unfair business practices under Business and Professions Code § 17200 under Code Civ. Proc. § 430.10(e), arguing Plaintiffs have failed to cure the deficiencies which led the Court to sustain...

Excerpt: ...ges the procedures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code § 2924m. The property and Defendant Allstar's attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with this action. Sunrise's operative pleading is the First Amended Complaint filed August 5, 2021, in Case Number 21SMCV00756 asserting causes of action against Defendant Allstar for quiet title...

Excerpt: ...ties which are relevant to the instant dispute between the parties. Defendant argues Plaintiff's motion is moot because he has substituted in new counsel to represent him in this action. Legal Standard “Disqualification of counsel may be ordered ‘when necessary in furtherance of justice. (Code Civ. Proc., § 128,¿subd. (a)(5).)'”¿(In re Marriage of Zimmerman¿(1993) 16 Cal.App.4th 556, 562 (quoting¿Elliott v. McFarland Unified School Dis...

Excerpt: ...erative Complaint. As Defendants' demurrers and motions to strike raise identical issues and arguments, the Court will address them together. Demurrer Standard When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabe...

Excerpt: ...ties. Plaintiff's Complaint, filed January 5, 2023, alleges two causes of action against Defendants for breach of contract and declaratory relief. Defendants bring this demurrer to all of these causes of action, arguing they fail to state sufficient facts to constitute causes of action against them and are uncertain pursuant to Code Civ. Proc. § 430.41(e). Plaintiff opposes the demurrer. Legal Standard When considering demurrers, courts read the...

Excerpt: ...ures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code § 2924m. The property and Defendant Allstar Financial Services, Inc.'s (“Allstar”) attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with the initial suit brought by Sunrise Projects, LLC (“Sunrise”), Case Number 21SMCV00756. On January 24, 2023, the Court granted Allstar's motion for summary jud...