Excerpt: ...units at the Property together form a common interest development subject to the Davis-Stirling Common Interest Development Act (Civ. Code, § 4000 et seq.). The development is governed by the Fifteen Zero Eight Twelfth Street Homeowners Association (“HOA”) and is subject to recorded covenants, conditions, and restrictions. The daily operations of the HOA were conducted by BLN Property Management, Inc., (“BLN”) a management company. The H...

Excerpt: ...isrepresentation. Defendants bring this demurrer to both causes of action, arguing each fails to state sufficient facts to constitute causes of action against them and is uncertain under Code Civ. Proc. S 430.10(e) and (O. Plaintiff opposes Defendants' demurrer. Request for Judicial Notice Defendants request the Court take judicial notice of the fact that Mr. Gretzky is a former professional hockey player. Defendants' request is unopposed and is ...

Excerpt: ...s 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 judgme...

Excerpt: ...n for judgment on the pleadings as to Plaintiff's Complaint, and (2) a motion for leave to amend its Answer to Plaintiff's Complaint to add an affirmative defense claiming Plaintiff's claims against it are barred by the exclusivity provisions of the Worker's Compensation Act. Plaintiff and the Josephs separately oppose both motions. Cross-Defendants Zalman N., Inc., and Zalman T. Nemtzov (collectively “Nemtzov”) have joined in MRB's motion fo...

Excerpt: ...LLC and AMLI 4242 Via Marina GP, LLC (collectively “AMLI”), Defendant Western National Builders (“WNB”), and Fidelity and Deposit Company of Maryland (“Fidelity” or, collectively with AMLI and WNB, “Defendants”). Pacific's operative pleading is the First Amended Complaint filed on June 17, 2022, alleging it had not been paid for work in connection with the AMLI Marina Del Rey development. Pacific moves for summary judgment, or, al...

Excerpt: ... and AMLI 4242 Via Marina GP, LLC (collectively “AMLI”), Defendant Western National Builders (“WNB”), and Fidelity and Deposit Company of Maryland (“Fidelity” or, collectively with AMLI and WNB, “Defendants”). Pacific's operative pleading is the First Amended Complaint filed on June 17, 2022, alleging it had not been paid for work in connection with the AMLI Marina Del Rey development. Pacific moves for summary judgment, or, alter...

Excerpt: ...s representation of Plaintiffs in a personal injury action. Plaintiffs separately filed a suit for malpractice against the Upton Defendants, which is currently pending in arbitration. Plaintiffs' instant action alleges Defendants impermissibly conspired to interfere with the prosecution of their personal injury and malpractice actions. The Dolan Defendants, Morey & Upton, and New York Marine have separately moved to strike Plaintiffs' entire Comp...

Excerpt: ... AG and Consul in October 2018. Plaintiffs allege Consul began a pattern of unusual and suspicious trading behavior shortly after entering in the Brokerage Agreement. Plaintiff alleges it conducted an investigation which revealed stock manipulation and conversion by Defendants. Consul previously brought an action in federal court alleging causes of action stemming from the relationship between Consul and Rainier AG. Plaintiffs allege this federal...

Excerpt: ...ost security as a nonresident plaintiff. Plaintiff opposes the motion. Legal Standard In an action brought by a nonresident plaintiff, the defendant may at any time move for an order requiring the plaintiff to post security. (C.C.P. § 1030(a).) The stated grounds for the motion are that the plaintiff resides out of state or is a foreign corporation, and there is a reasonable possibility that the moving defendant will obtain a favorable judgment....

Excerpt: ...efendant Hale”) 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 § 422. Defendants now move for summary judgment on Plaintiff's claim for false imprisonment, arguing Plaintiff cannot succeed on his cause of action because a different...

Excerpt: ...tive damages against Defendant. Defendant has brought a motion to strike Plaintiff's claim for punitive damages, arguing Plaintiff had failed to comply with the requirements of Code Civ. Proc. § 425.13. Plaintiff has brought a motion for leave to amend to assert a claim for punitive damages against Defendant pursuant to section 425.13. As the two motions concern overlapping and interrelated issues regarding the sufficiency of Plaintiff's allegat...

Excerpt: ...ease as between Defendant and the prior owner, and that even if such a lease does exist it is void as to her pursuant to Civil Code § 1214. The Court held a bench trial on Plaintiff's unlawful detainer claim and on November 22, 2022, the Court issued an Order After Hearing finding in Plaintiff's favor as to the existence of a written lease between Defendant and the prior owner, and as to her status as a bona fide purchaser under Civil Code § 12...

Excerpt: ...nd pursuant to 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 possession. Defendant moves for judgment on the pleadings pursuant to Code ...

Excerpt: ...e Consumer Legal Remedies Act, fraud, and unfair competition under Business and Professions Code § 17200, et seq. Defendants bring this demurrer to all of these causes of action with the exception of Plaintiff's claim for medical malpractice, 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)-(f). Defendants separately move to strike Plaintiff's claim...

Excerpt: ...erty. The remaining ten units at the Property together form a common interest development subject to the Davis-Stirling Common Interest Development Act (Civ. Code, § 4000 et seq.). The development is governed by the Fifteen Zero Eight Twelfth Street Homeowners Association (“HOA”) and is subject to recorded covenants, conditions, and restrictions. The daily operations of the HOA were conducted by BLN Property Management, Inc., a management co...

Excerpt: ..., 2022, Defendants filed a Memorandum of Costs seeking 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 Plaintiff's motion. Legal Standard In general, the prevailing party is entitled as a matter of right to recover costs for suit in any action or proceeding.¿ (C.C.P.¿§ 1032(b);¿Santisas¿v.¿Goodin¿(1998) 17 Cal.4th 599, 606;¿Scott Co. Of¿Calif...

Excerpt: ...nter in the Premises, but it was materially and negatively impacted by the government- mandated closures due to Covid-19, affecting its ability to pay rent. Cross-Defendant alleges it was excused from performing under the lease, i.e., making rent payments, because of government-mandated closures. On March 10, 2022, the Court granted summary judgment in Cross-Complainant's favor on the claims raised by Cross-Defendant's original Complaint. Thus, C...

Excerpt: ...he real property at issue in the 19SMCV01950 action. On December 12, 2022, the Court deemed the two actions related. Defendants in the 21SMCV02011 action include Lindsay Galbraith, Gregory Bega, Josephs Ryan Cilic, Marc Fisherman, and Sotheby's International Realty, Inc. (collectively “Defendants”). Defendants now move to consolidate the two actions pursuant to Code Civ. Proc. § 1048. Plaintiffs oppose Defendants' motion. Legal Standard Cali...

Excerpt: ...d enter a stipulated judgment against Plaintiff in accordance with the parties' settlement agreement. Plaintiff's motion is unopposed. Legal Standard Code Civ. Proc. § 664.6 provides a summary procedure that enables judges to enforce a settlement agreement by entering a judgment pursuant to the terms of the parties' settlement. In particular, the statute provides: (a) If parties to pending litigation stipulate, in a writing signed by the parties...

Excerpt: ...n October 6, 2021, Plaintiff filed its operative First Amended Complaint asserting a sole cause of action for breach of contract. Plaintiff now moves to compel Defendant's deposition and for monetary sanctions. Plaintiff's motion is unopposed. 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 employee of a party, or a person designate...

Excerpt: ...dant Ye Yuan (“Yuan”), Defendant Dietrich Kirks (“Kirks”), and Defendant Elisa Justice (“Justice” or, collectively with the Association, Cheng, Yuan, and Kirks, “Defendants”). Plaintiff's operative Second Amended Complaint asserts causes of action against Defendants for breach of contract, breach of fiduciary duty, and negligence, stemming from allegations that Defendants failed to maintain the common areas of the complex and fail...

Excerpt: ...ease as between Defendant and the prior owner, and that even if such a lease does exist it is void as to her pursuant to Civil Code § 1214. The Court held a bench trial on Plaintiff' unlawful detainer claim and on November 22, 2022, the Court issued an Order After Hearing finding in Plaintiff's favor as to the existence of a written lease between Defendant and the prior owner, and as to her status as a bona fide purchaser under Civil Code § 121...

Excerpt: ...acy of Defendant's representation of Plaintiffs in the personal injury action. The instant matter instead concerns actions taken by Defendant and others after Defendant stopped representing them in the personal injury action. Defendant moves to transfer venue in this matter to Orange County pursuant to Code Civ. Proc. § 397(c). Plaintiff opposes the motion, and Defendant represents the motion is unopposed by the other Defendants in this case. (M...

Excerpt: ...st End Properties; Robert Sundeen; and Carole Sundeen (collectively “Defendants”). Plaintiff asserts several causes of action against Defendants stemming from her former tenancy at a residential property located at 2315 14 th Street, #9 in Santa Monica, California. Plaintiff's tenancy and possession of the subject property was terminated pursuant to an unlawful detainer action filed in 2015. On March 12, 2019, Defendants filed an anti-SLAPP m...

Excerpt: ...itions in granting it. Legal Standard Under both the Title 9 section 2 of the United States Code (known as the Federal Arbitration Act) and the Title 9 of Part III of the California Code of Civil Procedure commencing at section 1281 (known as the California Arbitration Act, hereinafter “CAA”), arbitration agreements are valid, irrevocable, and enforceable, except on such grounds which exist at law or equity for voiding a contract. (Winter v. ...

Excerpt: ...s' property are encroaching on Plaintiff's property and damaging structures on Plaintiff's property. Plaintiff's Complaint asserts three causes of action against Defendants for negligence, nuisance, and trespass. Defendants bring this demurrer to each of Plaintiff's causes of action under Code Civ. Proc. § 430.10(e), arguing Plaintiff's claims are barred by the statute of limitations. Plaintiff opposes Defendants' demurrer. Demurrer Standard Whe...

Excerpt: ...erly Act, (3) violation of the Magnuson-Moss Warranty Act, and (4) breach of express warranty under California Commercial Code § 2-313. Defendant now brings this demurrer to Plaintiff's first and second causes of action for breach of implied and express warranty under the Song-Beverly Act, arguing each fails to state a cause of action against it and is uncertain pursuant to Code Civ. Proc. § 430.10(e) and (f). Plaintiff opposes Defendant's demu...

Excerpt: ... PlusArch. Defendants Ben Karimi and Karimi & Associates (“Defendants”) provided accounting services to PlusArch. Plaintiffs bring this action asserting Iman was improperly denied profits and distributions from the operation of PlusArch during his life. Defendants bring this motion to seal the stipulation and order regarding good faith settlement filed by Defendants on January 11, 2023. Sealing Standard Unless confidentiality is required by l...

Excerpt: ...ase as between Defendant and the prior owner, and that even if such a lease does exist it is void as to her pursuant to Civil Code § 1214. The Court held a bench trial on Plaintiff' unlawful detainer claim and on November 22, 2022, the Court issued an Order After Hearing finding in Plaintiff's favor as to the existence of a written lease between Defendant and the prior owner, and as to her status as a bona fide purchaser under Civil Code § 1214...

Excerpt: ...ses. Defendants 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 reclassify 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 (“FAC”) alleging causes of action for breach of contract, breach of the implied covenant of good f...

Excerpt: ...ms to arbitration. Defendant's motion is unopposed. Legal Standard Under both the Title 9 section 2 of the United States Code (known as the Federal Arbitration Act) and the Title 9 of Part III of the California Code of Civil Procedure commencing at section 1281 (known as the California Arbitration Act, hereinafter “CAA”), arbitration agreements are valid, irrevocable, and enforceable, except on such grounds which exist at law or equity for vo...

Excerpt: ...s board members for the HOA and are the owners of Defendant 1012 2nd Street, LLC, which itself owns two of the units in the development. Plaintiff's operative Complaint, filed on September 3, 2021, alleges causes of action for breach of governing documents, breach of fiduciary duty, negligence, nuisance, violation of Open Meeting Act, and declaratory relief. Defendants Mehrabanian, Babaeean, and 1012 2nd Street, LLC (collectively “Defendants”...

Excerpt: ... PlusArch. Defendants Ben Karimi and Karimi & Associates (“Defendants”) provided accounting services to PlusArch. Plaintiffs bring this action asserting Iman was improperly denied profits and distributions from the operation of PlusArch during his life. Defendants bring this motion to seal the stipulation and order regarding good faith settlement filed by Defendants on January 11, 2023. Sealing Standard Unless confidentiality is required by l...

Excerpt: ...ings three separate motions concerning Defendant's alleged failure to respond to these categories of written discovery. Plaintiff's motions are all unopposed. As these motions all concern the same operative facts, the Court will address them together. Legal Standard A party must respond to requests for admissions within 30 days after service of such requests. (C.C.P. § 2033.250(a).) “If a party to whom requests for admission are directed fails...

Excerpt: ...LC and Survivors Trust Under the Sampson Family Trust (collectively “Defendants”). Plaintiffs allege Defendants failed to provide required services to Jeri Laird, ultimately resulting in her death. Plaintiffs operative pleading is the First Amended Complaint (“FAC”) filed on November 17, 2022, and asserting causes of action against Defendants for elder abuse, violation of patient rights, negligence, and wrongful death. Defendants bring th...

Excerpt: ...gainst Cross-Defendant David Morris dba David Morris Insurance Agency (“Morris”) and Cross-Defendants Zalman N., Inc., and Zalman T. Nemtzov (collectively “Nemtzov”) for indemnity and contribution. The Josephs' operative Second Amended Cross-Complaint also alleges claims against Morris for fraud and negligent misrepresentation. The Josephs previously settled Plaintiff's claims against them for $4 million. On December 2, 2021, the Court gr...

Excerpt: ...s operative pleading is her First Amended Complaint (“FAC”) filed on September 30, 2022. Defendants bring this motion to quash Plaintiff's service of her original Complaint, arguing it was superseded by the FAC. Defendants' motion is unopposed. Request for Judicial Notice Defendants request the Court take judicial notice of Plaintiff's Complaint and FAC in this action. (Dumont Decl. at ¶4.) Defendants' request is unopposed and is GRANTED. Le...

Excerpt: ...on. Plaintiff seeks a right to attach order and writ of attachment as to Defendants in the amount of $380,985.35 in connection with his cause of action for breach of contract. Defendant opposes Plaintiff's application. Objections to Evidence The Court SUSTAINS Defendant's objections 13 and 14 to the Declaration of Plaintiff. Defendant's objections are otherwise OVERRULED. Legal Standard Attachment is a prejudgment remedy providing for the seizure...

Excerpt: ...aw Group P.C. (“Defendant”) was named as a Defendant in this action as it claims an interest in the property by virtue of an attorney's fee lien. Defendant previously demurred to Plaintiff's Complaint on numerous grounds, including the pendency of other litigation between the parties and an alleged failure to join an indispensable party. On October 28, 2022, the Court entered an order overruling Defendant's demurrer in its entirety. Defendant...

Excerpt: ...ich included trespassing on their property and constructing a wall on property owned by Plaintiffs, not Defendant. Plaintiffs bring this motion to amend their Complaint to include an additional cause of action for elder abuse against Defendant, and to amend certain factual allegations concerning the structures built by Defendant. Plaintiffs' motion is unopposed. Legal Standard Leave to amend is permitted under Code of Civil Procedure section 473,...

Excerpt: ...ubject property. Plaintiff does not oppose Defendant's demurrer. Request for Judicial Notice Defendant requests the Court take judicial notice documents previously filed in this action. Although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable. (StorMedia Inc. v. Superior Court (199...

Excerpt: ... faith and fair dealing, and declaratory relief. Defendant TFC was formerly represented in this action by the Austin Legal Group, APC. On November 22, 2022, the Court granted the Austin Legal Group's motion to be relieved as counsel for TFC. Plaintiff brings a motion to strike the Answer filed by TFC, arguing it is a corporate entity which is not represented by counsel in this action and thus is barred from participating in these proceedings. Pla...

Excerpt: ...e contract and has asserted causes of action against Defendant for breach of contract, indebtedness, account stated, open book account, and goods/services sold and delivered. Defendant brings two motions before the Court: (1) a motion for leave to amend its Answer to assert additional affirmative defenses to Plaintiff's claims, and (2) a motion for leave to file a Cross-Complaint. These motions are both unopposed, and because they involve similar...

Excerpt: ... testing on the common areas of the condominium which are maintained and controlled by Defendant. Defendant's motion seeks monetary sanctions, as well as issue and evidentiary sanctions, and a protective order prohibiting any further such testing. Plaintiffs oppose Defendant's motion. Legal Standard “The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarra...

Excerpt: ...h 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, fraudulent misrepresentation, negligent misrepresentation, and unfair business practices under Business and Professions Code § 17200, arguing each fails to state sufficient facts to constitute a cause of action under Code Ci...

Excerpt: ...stress in connection with her claims and has prevented Defendant from conducting discovery into the nature and severity of these claimed emotional damages. Defendant's motion is unopposed. Legal Standard To obtain discovery by mental examination, a party must obtain leave of court. (Code Civ. Proc., § 2032.310, subd. (a).) The motion for a mental examination must specify “the time, place, manner, conditions, scope, and nature of the examinatio...

Excerpt: ...c stock was paid into an escrow account to be released to certain Equityholders if there were no claims for indemnification after an agreed upon time. The SPA included representations and warranties, including, among other things, that Yucatan was operating legally and its financial statements were accurate. Landec alleges each Equityholder agreed to be severally liable for their proportionate share of damages arising from a breach of representat...

Excerpt: ...t for interpleader against Roshan-Zamir as well as against Coronado individually and dba J Powers Electric. Western now brings this motion for deposit and discharge of stakeholder, seeking to deposit the amount of a Contractor's State License Bond issued by Western to Coronado, individually and dba J Powers Electric, less an award of attorney's fees incurred by Western in connection with the interpleader action. Western's motion is unopposed. Leg...

Excerpt: ...022, alleges four causes of action against Defendant: constructive eviction, negligence, intentional infliction of emotional distress, and nuisance. Plaintiffs seek punitive damages in connection with their claims for intentional infliction of emotional distress and nuisance. Defendant moves to strike Plaintiffs' claim for punitive damages, arguing Plaintiffs have failed to set forth sufficient factual allegations supporting such a claim. Plainti...

Excerpt: ... Exhibit 3 of the Declaration of Kathlena Edwards are SUSTAINED. Defendants' objections are otherwise OVERRULED. Request for Judicial Notice Defendants ask the Court to take judicial notice of the Confirmation Deed for Public Trustee's Foreclosure Sale. Defendants' request is unopposed and is GRANTED. Plaintiff asks the Court to take judicial notice of documents located on the website of the Securities and Exchange Commission. As discussed in mor...

Excerpt: ...ticipate in litigation through counsel and Defendant is unable to appear on its own behalf. On November 22, 2022, the Court granted Plaintiff's ex parte application to advance the hearing date on this motion from December 16 to December 7. Defendant was ordered to file an opposition by December 2. Motion to Strike Standard Motions to strike are used to reach defects or objections to pleadings which are not challengeable by demurrer (i.e., words, ...

Excerpt: .... Defendant now moves to set aside the entry of default and default judgment against him pursuant to Code Civ. Proc. § 473.5 on the basis that he did not receive actual notice of this action until August 2022, at which time the default judgment had already been entered against him. Plaintiff opposes Defendant's motion. Legal Standard “When service of a summons has not resulted in actual notice to a party in time to defend the action and a defa...

Excerpt: ... West End Properties; Robert Sundeen; and Carole Sundeen (collectively “Defendants”). Plaintiff asserts several causes of action against Defendants stemming from her former tenancy at a residential property located at 2315 14 th Street, #9 in Santa Monica, California. Plaintiff's operative complaint is the First Amended Complaint (“FAC”) filed on December 4, 2017, and asserting 19 causes of action against Defendants, though the Court note...

Excerpt: ...st End Properties; Robert Sundeen; and Carole Sundeen (collectively “Defendants”). Plaintiff asserts several causes of action against Defendants stemming from her former tenancy at a residential property located at 2315 14 th Street, #9 in Santa Monica, California. Plaintiff's tenancy and possession of the subject property was terminated pursuant to an unlawful detainer action filed in 2015. After the conclusion of the unlawful detainer actio...

Excerpt: ...n count. Plaintiff previously applied for a writ of attachment on his cause of action for breach of contract. The Court denied Plaintiff's application on October 19, 2022, finding Plaintiff had not established timely and proper service on Defendants as required by the Code of Civil Procedure. The Court's denial of the application was without prejudice and permitted Plaintiff to refile the application with proper notice to Defendants. Plaintiff no...

Excerpt: ...ch is not represented by counsel in this action and thus is barred from participating in these proceedings. Plaintiffs' motion is unopposed. Motion to Strike 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, false or improper matter, or...

Excerpt: ...”). Yashar, Precision, Century, and Krous have filed Cross-Complaints against each other raising claims for indemnity. 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, LASC No. 21SMCV01061, seeking payment for work performed on Yashar's property. The parties participated in a mediation session on January 18, 2022, which resulted in a S...

Excerpt: ...21, 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 lack of personal j...

Excerpt: ... AG and Consul in October 2018. Plaintiffs allege Consul began a pattern of unusual and suspicious trading behavior shortly after entering in the Brokerage Agreement. Plaintiff alleges it conducted an investigation which revealed stock manipulation and conversion by Defendants. Consul previously brought an action in federal court alleging causes of action stemming from the relationship between Consul and Rainier AG. Plaintiffs allege this federal...

Excerpt: ...so seek to recover sums alleged due under an agreement with Defendant Palisades Capital Management LLC (“PCM”) for the purchase of 8.33% of the profits it 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 PCF7 and PCM, together with Defendants Patrick McKenna; Leslie Gornik; John Gornik; Palisades Funding, Inc.; Palisades Development...

Excerpt: ...ween the parties. Plaintiff opposes Defendant's motion. Legal Standard Under both the Title 9 section 2 of the United States Code (known as the Federal Arbitration Act) and the Title 9 of Part III of the California Code of Civil Procedure commencing at section 1281 (known as the California Arbitration Act, hereinafter “CAA”), arbitration agreements are valid, irrevocable, and enforceable, except on such grounds which exist at law or equity fo...

Excerpt: ...so seek to recover sums alleged due under an agreement with Defendant Palisades Capital Management LLC (“PCM”) for the purchase of 8.33% of the profits it 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. Plaintiffs' operative Complaint, filed on July 13, 2022, asserts causes of action for (1) material misrepresentations in violation of Corpora...

Excerpt: ..., breach of implied contract, breach of covenant of good faith and fair dealing, and declaratory relief. Plaintiff seeks right to attach orders and writs of attachment as to both Defendants in the amount of $191,297.34. Defendants oppose Plaintiff's application and motion. Legal Standard 1. Entity Defendants Attachment is a prejudgment remedy providing for the seizure of one or more of the defendant's assets to aid in the collection of a money de...

Excerpt: ...�) filed an Answer on February 10, 2022. Plaintiff moves for summary judgment, or, in the alternative, summary adjudication of its claims against Defendant. Plaintiff's motion is unopposed. Plaintiff's motion previously came on for hearing on August 4, 2022, and was continued to October 11, 2022. Summary Judgment Standard Motions for summary judgment are governed by Code Civ. Proc. § 437c, which allows a party to “move for summary judgment in ...

Excerpt: ...y the Court, Plaintiff filed a First Amended Complaint asserting additional causes of action on behalf of a class of similarly situated employees. Plaintiff, on her own behalf and on behalf of Defendants' other employees, alleges Defendants failed to provide required meal and rest periods, pay all wages, provide accurate itemized wage statements, and indemnify employees for necessary expenditures. On June 29, 2022, Plaintiff filed a motion for pr...

Excerpt: ...fendant Martinez Law Group P.C. (“Defendant”) was named as a Defendant in this action as it claims an interest in the property by virtue of an attorney's fee lien. Defendant brings this demurrer to the Complaint under Code Civ. Proc. §§ 430.10 (a)-(g). Plaintiff opposes the demurrer. Legal Standard When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 ...

Excerpt: ..., 2021. Plaintiff alleges Defendants have been operating, managing, chartering, or controlling boating vessels without proper licensing or adhering to safety regulations, and, as a result, Defendants have been able to increase their revenue. (FAC ¶¶ 29, 36.) On August 29, 2022, the parties executed a Settlement Agreement and Mutual Release. Plaintiff now moves to enforce this agreement, arguing Defendants have not complied with its terms. Alter...

Excerpt: ...SMCV00474. On April 28, 2021, the Court issued an order finding this litigation related to an earlier action, Grace Carelli v. Mercedes‐Bohbot, Case No. SC126473, with the earlier action to serve as a lead case. These related actions stem from Plaintiff's ownership of real property located at 9635 Cedarbrook Drive, Beverly Hills, California 90210 (the “Subject Property”), and lawsuits brought by neighboring property owners regarding alleged...

Excerpt: ... 21SMCV00474. On April 28, 2021, the Court issued an order finding this litigation related to an earlier action, Grace Carelli v. Mercedes‐Bohbot, Case No. SC126473, with the earlier action to serve as a lead case. These related actions stem from Plaintiff's ownership of real property located at 9635 Cedarbrook Drive, Beverly Hills, California 90210 (the “Subject Property”), and lawsuits brought by neighboring property owners regarding alle...

Excerpt: ...022. On July 25, 2022, the Court granted Defendant's motion to set aside the entry of default and default judgment. Plaintiff now moves for summary judgment or, in the alternative, summary adjudication. A party may oppose a motion for summary judgment filed in an unlawful detainer action orally at the hearing or with a written opposition filed and served before or at the hearing. (Cal. Rules of Court, rule 3.1351(b)-(c).) “If a party seeks to h...

Excerpt: ...to assert similar claims against Defendant stemming from the same work and project which forms the basis of Plaintiff's claims against Defendant. Defendant opposes Kambur's motion, Plaintiff does not. Legal Standard Code Civ. Proc. § 387(d) provides the following: (1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law conf...

Excerpt: ... Development Company, Inc. (collectively with McKenna, “Defendants”), alleging McKenna, as the founder, manager, and operating director of the Company improperly settled a claim raised by a buyer of real property sold by the Company without first obtaining Plaintiff's consent. This real property is located at 1362 Bella Oceana Vista in Pacific Palisades, California. Plaintiff's Complaint, filed August 2, 2022, asserts four causes of action ag...

Excerpt: ...es provided to Defendants' members. Defendants have filed a First Amended Complaint against Plaintiff asserting causes of action for declaratory relief and money had and received. Defendants bring this motion asking the Court to stay 19 small claims actions Plaintiff has filed against Defendants. Alternatively, Defendants ask the Court to transfer and consolidate each of those 19 actions with this consolidated action. Plaintiff opposes Defendants...

Excerpt: ...iff now brings an application for writ of attachment on his cause of action for breach of contract in the amount of $176,200. Legal Standard “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” (C.C.P. § 484.010.) The application shall be ...

Excerpt: ...LC and Survivors Trust Under the Sampson Family Trust (collectively “Defendants”). Plaintiffs allege Defendants failed to provide required services to Jeri Laird, ultimately resulting in her death. Defendants bring this demurrer to Plaintiffs' causes of action for elder abuse, violation of patient's rights, and wrongful death, alleging each fails to state sufficient facts to constitute a cause of action against Defendants and is uncertain und...

Excerpt: ...iff opposes Defendant's motion. Defendant has not filed a reply. Request for Judicial Notice Plaintiff requests the Court take judicial notice of the proof of service filed by Plaintiff in this action on September 6, 2022. Plaintiff's request is unopposed and is GRANTED. (Arce ex rel. Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 483; Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 790 n.10.) Legal Standard “A d...

Excerpt: ... Court granted Plaintiff's motion on August 5, 2022. Defendant now moves to quash Plaintiff's service by publication. Plaintiff opposes the motion. Objections to Evidence The Court OVERRULES Plaintiff's objection #3 to the declaration of G. Scott Sobel. The Court does not rule on Plaintiff's remaining objections as it did not rely on the evidence challenged by those objections. Legal Standard “A defendant . . . may serve and file a notice of mo...

Excerpt: ...ssell Construction (“Russell”), who lent Plaintiff's services to Defendant Del Amo Construction, Inc. (“Del Amo”) on the project. Del Amo contracted with Defendant Engel Holdings, Inc. dba Cabrillo Hoist (“Cabrillo”) to install the hoist which ultimately injured Plaintiff. Cabrillo now moves for summary judgment, or, alternatively, summary adjudication as to Plaintiff's claims against it, Del Amo's Cross-Complaint against it, and Plai...

Excerpt: ... oppose Plaintiff's motion. Legal Standard Code Civ. Proc. § 1048 provides “[w]hen actions involving common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The purpose of consolidation is to avoid un...

Excerpt: ...m trespassed on Plaintiffs' property or directed other people to trespass on their property, and cut down trees, plants, and other vegetation on Plaintiffs' property. On June 1, 2022, Plaintiffs filed an amendment to their Complaint substituting Defendant Valentino Green Landscape, Inc. (“Defendant”) for Doe 1. Plaintiffs' Complaint alleges causes of action against Defendant for negligence, negligent trespass to timber, intentional property d...

Excerpt: ...ty. The remaining ten units at the Property together form a common interest development subject to the Davis-Stirling Common Interest Development Act (“Davis-Sterling Act”) (Civ. Code, § 4000 et seq.). The development is governed by the Fifteen Zero Eight Twelfth Street Homeowners Association (“HOA”) and is subject to recorded covenants, conditions, and restrictions (“CC&R's”). The daily operations of the HOA were conducted by BLN Pr...

Excerpt: ...or the property. The Court issued a TRO enjoining the sale pending hearing on a preliminary injunction. On May 26, 2021, the Court granted Plaintiff's request for a preliminary injunction, setting the bond at $250,000. Defendant brings this motion to modify or, alternatively, dissolve the preliminary injunction based on what it contends is a material change in the facts underlying the injunction. Plaintiff opposes Defendant's motion. The hearing ...

Excerpt: ...ingleton”) to rework fire sprinklers to accommodate a new floor plan at the Premises, which was occupied by Plaintiff. On October 11, 2016, Singleton's employee mistakenly cut the domestic water line causing the pipe to rupture and flood the Premises. In its operative First Amended Complaint, Plaintiff named defendants Sentinel Insurance Company, Ltd., its own insurer; Newport Office Center V Associates LLC, NOC V Land Company LLC, and 561 Nort...

Excerpt: ... filed a Cross-Complaint against the roofer, Cross-Defendant United Roofing Co. (“Cross- Defendant”), Freedman subsequently filed a First Amended Cross-Complaint (the “Freedman FACC”) on December 9, 2020, alleging causes of action against Cross-Defendant for intentional misrepresentation, concealment, fraud, negligence, products liability, indemnification, and apportionment of fault. Freedman subsequently dismissed the Freedman FACC with ...

Excerpt: ...r rest breaks to her and other of Defendants' employees. Defendants move the Court to compel arbitration of Plaintiff's individual PAGA claims and dismiss any claims brought under PAGA in a representative capacity on behalf of Defendants' other employees. Plaintiff opposes the motion. Request for Judicial Notice Plaintiff requests the Court take judicial notice of the California Supreme Court's granting review in the case styled Adolph v. Uber Te...

Excerpt: ...attachment on his cause of action for breach of contract in the amount of $176,200. Legal Standard “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” (C.C.P. § 484.010.) The application shall be executed under oath and must include: (1) ...

Excerpt: ...perature Equipment Corporation (“TEC”) failed to construct Plaintiffs' home according to Plaintiffs' specifications. Plaintiffs' operative complaint is the Fourth Amended Complaint (“FAC”) filed on June 30, 2022. TEC previously brought motions to strike Plaintiffs' claim for punitive damages and Plaintiffs' cause of action for violation of Business & Professions Code § 17200 asserted in Plaintiffs' prior Second and Third Amended Complain...

Excerpt: ...ach of fiduciary duties, and (4) conversion. Defendant previously demurred to the first, third, and fourth causes of action asserted in the Complaint. The Court sustained Defendant's demurrer as to the third and fourth causes of action and grated Plaintiff leave to amend. Defendant also previously moved to strike Plaintiff's allegations concerning punitive damages and attorney's fees. The Court denied Defendant's motion as to Plaintiff's claim fo...

Excerpt: ...G and Consul in October 2018. Plaintiffs allege Consul began a pattern of unusual and suspicious trading behavior shortly after entering in the Brokerage Agreement. Plaintiff alleges it conducted an investigation which revealed stock manipulation and conversion by Defendants. Consul previously brought an action in federal court alleging causes of action stemming from the relationship between Consul and Rainier AG. Plaintiffs allege this federal a...

Excerpt: ...ive pleading is the First Amended Complaint (“FAC”) filed on June 2, 2022, which alleges causes of action against Defendants for (1) breach of written contract, (2) breach of oral contract, (3) fraud, (4) negligence, (5) professional negligence, and (6) disgorgement under Business and Professions Code § 7159. Defendants bring this demurrer to the first, third, fourth, and fifth causes of action asserted against them in the FAC, alleging they...

Excerpt: ...ourt. Judgment was entered in favor of Defendants on this prior action in May 2022 on the basis of a defect in Plaintiff's three-day notice to pay under they COVID-19 Rental Housing Recovery Act. Defendants bring a demurrer to Plaintiff's instant Complaint, arguing Plaintiff's claims are barred by the doctrine of res judicata stemming from the judgment in the prior action. Request for Judicial Notice Plaintiff and Defendants request the Court tak...

Excerpt: ...t financial discovery as to Defendants Ray Consulting Group Ventures, Inc.; Rayco Electronics Manufacturing, Inc.; Suraj Development Corp.; Usha Patel; and Mayan Patel in connection with his claim for punitive damages. Objections to Evidence Plaintiff's objections to the Declarations of Lorraine Anderson and Mayan Patel are OVERRULED with the exception of Plaintiff's objection to paragraph 31 of the Mayan Patel Declaration, which is SUSTAINED. Le...

Excerpt: ... filed an Answer on February 10, 2022. Plaintiff moves for summary judgment, or, in the alternative, summary adjudication of its claims against Defendant. Plaintiff's motion is unopposed. Summary Judgment 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 act...

Excerpt: ...t further alleges that defendants produced and filmed Jeepers Creepers IV without Cross-Defendant's knowledge or involvement, even though Cross-Defendant had been working with defendants to develop the sequels throughout 2018 and 2019. Once the film was shot, Defendants purported to extend to Cross-Defendant a right of “last negotiation” which was illusory because defendants had already granted distribution rights to Cross-Defendant's competi...

Excerpt: ...y the parties as joint tenants. Pursuant to the parties' stipulation, following the sale of the property on July 29, 2021, each party received an equal initial payment of $125,000 and the remaining proceeds, totaling $486,450, remained in escrow to be allocated between the parties at a later date. Plaintiff's motion is unopposed. Legal Standard Under Code Civ. Proc. § 873.820, the proceeds of sale for any property sold shall be applied in the fo...

Excerpt: ...iff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) declaratory relief, (2) quiet title, (3) trespass, (4) declaratory relief, and (5) quiet title. This action involves determination of the bounds of a floating easement on Defendant's property created in 1997 by two judgments (the “Roadway Easement”). Plaintiff alleges this case is necessary to establish where the easements are to be placed on Defend...

Excerpt: ...was later discharged and replaced with Defendants and Cross-Defendants Schwimer Weinstein, LLP (“Schwimer”) and the Simon Law Group (“Simon”). Schwimer and Simon obtained a favorable verdict for Cabezas. Plaintiff seeks payment of its reasonable attorney's fees and costs for the legal work performed in its representation of Cabezas. Cabezas has cross-complained, asserting a cause of action for declaratory relief against Plaintiff, Schwime...

Excerpt: ...f the affirmative defenses asserted in the operative Amended Answer filed by Defendants on June 23, 2022, arguing they do not state facts sufficient to constitute a defense under Code Civ. Proc. § 430.20(a). Legal Standard A party against whom an answer has been filed may object by demurrer to the answer. (C.C.P. § 430.20.) A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regardi...

Excerpt: ...022, on the basis of uncertainty and granted Plaintiff leave to further amend her Complaint. Plaintiff filed a Third Amended Complaint (“TAC”) on March 2, 2022, alleging causes of action for (1) fraud and bad faith, (2) breach of contract and fiduciary duty, (3) intentional misrepresentation, (4) misrepresentation, (5) false or lack of insurance coverage, and (6) deceit. The Dolan Defendants now bring this demurrer to each cause of action ass...

Excerpt: ...as Keller Williams, Inc. (“Keller Williams”) and Ashraf Spahi (“Spahi”), who represented Defendants in connection with the sale . Defendants bring this demurrer to Plaintiff's third cause of action for deceit, fourth cause of action for negligent misrepresentation, and fifth cause of action for breach of contract, alleging each fails to state sufficient facts to constitute a cause of action against Defendants and is barred by the statute ...