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: ...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: ...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: ...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: ...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 ...