Excerpt: ...e 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 December 23, 2021, Defendant filed a motion to quash the summons for lack of personal jurisdiction. On February 2, 2022, the Cou...

Excerpt: ...uiet title against Defendant 6097 West Winding Way, LLC, (“Defendant”) claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to Plaintiff's right to title, or any cloud on Plaintiff's right to title thereto, and Does 1 through 40. On December 15, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). This action involves determination of the bounds of a flo...

Excerpt: ...practices stemming from allegations of mold growth in an apartment she leased from Defendant The Roberts Companies (“Defendant”). Defendant brings this motion under Code Civ. Proc. § 1030 to require Plaintiff to post security as a nonresident plaintiff. Plaintiff opposes the motion. Objections to Evidence Defendant's objection to the Declaration of Scott Broffman is OVERRULED. Legal Standard In an action brought by a nonresident plaintiff, t...

Excerpt: ...”) property by Defendants Edward Czuker and Elissa Czuker (collectively “Defendants”). The parties share a 43-foot section of fence, which Defendants replaced in 2016, per an agreement. After installation, Plaintiff alleges the foundation blocks for the replacement fence straddle the boundary line in some areas and extend between one and three inches onto Plaintiff's property in others. Plaintiff has demanded the encroaching fence be remove...

Excerpt: ...n for premises liability against several Defendants stemming from bed bugs bites he suffered while providing overnight care to a tenant residing in a condominium located at 10550 Wilshire Boulevard. Plaintiff's Complaint was filed on December 24, 2019, and the Civil Case Cover Sheet filed concurrently with the Complaint indicated the case fell under the category of “Personal Injury/Property Damage/Wrongful Death.” Pursuant to the April 16, 20...

Excerpt: ...Subject Unit") at 1508 12th St., Santa Monica, California 90401 (the “Property”). Plaintiff alleges that the Subject Unit was delivered and/or developed dangerous and hazardous conditions, and that he sustained injuries as a result of the alleged dangerous conditions. The Subject Unit represents one of eleven units at the Property. The remaining ten units at the Property together form a common interest development subject to the Davis-Stirlin...

Excerpt: ...spondent Jonathan Rach (“Respondent”). This case arises out of a fee dispute between the parties arising from Respondent's retention of Petitioner to perform accounting services pursuant to a Litigation Consulting Services Engagement Agreement (the “Agreement”). Petitioner alleges it was retained by Respondent on or about March 28, 2017, and subsequently provided accounting services to Respondent pursuant to the agreement. Petitioner init...

Excerpt: ...ectively “Plaintiffs”) brought this action against Defendant Strategic Legacy Investment Group, Inc. (“Defendant”) to collect on two promissory notes. On September 3, 2021, Plaintiffs filed a Notice of Settlement of Entire Case, representing a settlement had been reached with Defendant. The settlement required Defendant to make monthly payments to Plaintiffs. Defendant failed to make its required payment in December 2021, and Plaintiff so...

Excerpt: ... lawsuit to collect on an April 17, 2012, promissory note executed by Defendant Fabrics in Fashion Enterprises, Inc. (“FIF”), and guaranteed by Defendant David Ravanshenas (“Ravanshenas” or, collectively with FIF, “Defendants”). On August 17, 2021, Plaintiff filed a Complaint against Defendants alleging causes of action for (1) breach of contract, (2) money lent, and (3) account stated. Ravanshenas filed an Answer on November 1, 2021,...

Excerpt: ...ly Trust Dated December 3, 1998 (“Plaintiff”) filed a Complaint against Defendants Wesley Chu and Christina Chu (collectively, “Defendants”) for (1) breach of the CC&Rs for unreasonable view obstruction by structures, (2) breach of the CC&Rs for unreasonable view obstruction by vegetation, (3) breach of oral contract, and (4) declaratory relief regarding prescriptive and/or equitable easement. Plaintiff subsequently filed a First Amended ...

Excerpt: ...fusal to allow Plaintiff a variance in the parking rules for the property to accommodate a disability following Plaintiff's orthopedic surgery. Third party Thomas M. Priselac (“Priselac”) brings a motion to quash a deposition subpoena propounded by Plaintiff and for a protective order preventing Plaintiff from further attempts to depose him. Plaintiff opposes Priselac's motion. Legal Standard HOOMAN M. MELAMED, M.D., Plaintiff, v. THE RIDGE C...

Excerpt: ...Subject Unit") at 1508 12th St., Santa Monica, California 90401 (the “Property”). Plaintiff alleges that the Subject Unit was delivered and/or developed dangerous and hazardous conditions, and that he sustained injuries as a result of the alleged dangerous conditions. The Subject Unit represents one of eleven units at the Property. The remaining ten units at the Property together form a common interest development subject to the Davis-Stirlin...

Excerpt: ...n Avenue, Los Angeles, CA 90291. Plaintiff Sunrise Projects, LLC (“Plaintiff”) claims to have been the successful bidder for the property at a trustee's sale following a foreclosure by lender Defendant Allstar Financial Services, Inc. (“Defendant”). Defendant asserts it properly rescinded the sale to Plaintiff and sought to hold a new sale for the property. The Court issued a TRO enjoining the sale pending hearing on a preliminary injunct...

Excerpt: ... Leibson, deceased, by and through her successors in interest Denise Leibson and Jared Leibson, as well as by Plaintiffs Denise Leibson and Jared Leibson in their individual capacities (collectively “Plaintiffs”). Plaintiffs allege Adele Leibson was a resident of the residential care facility, Defendant Charlie's Residential Care Corp., dba Charlie's Residential Care. Plaintiffs allege Defendant Charlie's Residential Care Corp. and its owner,...

Excerpt: ...HVE”), a general partnership. Plaintiff David Frankel (“Plaintiff”), Defendant Diller Floor Covering, Inc., and Defendant Jerry Ganger (“Ganger”) are partners in HVE. Defendant Arthur Diller (“Diller”) is not a partner in HVE but is the President of Diller Floor Covering, Inc., which is. Defendant Samuel Israel acted as HVE's corporate counsel, and Defendant Citizens Business Bank (“CBB”) is a lender who funded loans to HVE secu...

Excerpt: ...liard (“Defendant”) to finance Defendant's new business. Plaintiff alleges Defendant has failed to repay the loans as required by the agreement of the parties and subsequent amendments to the original agreement. Plaintiff's operative Complaint, filed August 6, 2018, asserts causes of action for fraud, false promise, breach of contract, and elder financial abuse, among others. A default judgment was entered against Defendant on November 14, 20...

Excerpt: ... 12, 2021, Plaintiff filed the First Amended Complaint (“FAC”) against Public Storage Inc., PS LPT Properties Investors, Public Storage Business Parks, and PS Business Parks L.P. (collectively, “Defendants”). Defendants brought a demurrer to the FAC. The Court sustained Defendants' demurrer on the basis of uncertainty and granted Plaintiff leave to amend as to his causes of action for breach of contract, fraud, and negligence. Plaintiff's...

Excerpt: ...2, 2021, Plaintiff filed the First Amended Complaint (“FAC”) against Public Storage Inc., PS LPT Properties Investors, Public Storage Business Parks, and PS Business Parks L.P. (collectively, “Defendants”). Defendants brought a demurrer to the FAC. The Court sustained Defendants' demurrer on the basis of uncertainty and granted Plaintiff leave to amend as to his causes of action for breach of contract, fraud, and negligence. Plaintiff's o...

Excerpt: ...nown as The Ridge Condominium. This action arises from a dispute between Plaintiff and the homeowners' association for the development, Defendant The Ridge Condominium Association (“Defendant”), as well as related parties, concerning Defendant's refusal to allow Plaintiff a variance in the parking rules for the property to accommodate a disability following Plaintiff's orthopedic surgery. Plaintiff seeks leave of Court to file a Second Amende...

Excerpt: ... Fire Insurance Exchange (“FIE”), Kathi Dolan, and Kathi Dolan Agency's (collectively the “Dolan Defendants'). Plaintiff's Complaint has been subject to several demurrers over the course of this litigation, most recently FIE's demurrer to the Second Amended Complaint (“SAC”). The Court sustained FIE's demurrer on January 25, 2022, on the basis of uncertainty and granted Plaintiff leave to further amend her Complaint. Plaintiff filed a T...

Excerpt: ...sequent interruption of business as a result of a construction accident occurring at the offices of Plaintiff Management Brokers, Inc. (“Plaintiff”). Defendant, Cross- Complainant, and Cross-Defendant Jamik Construction & Management (“Jamik”) hired Singleton Fire Protection, Inc. (“Singleton”) to rework fire sprinklers to accommodate a new floor plan in Suite 613 at 9301 Wilshire Blvd., which was occupied by Plaintiff. On October 11, ...

Excerpt: ...ial home. Michael Levine and Zorbey Ozdilek (“Plaintiffs”) contracted with Montalba Architects, Inc. to serve as the architect for the construction of Plaintiffs' custom home in Los Angeles, California (“the project”). During the project, Plaintiffs learned the general contractor, moving party Defendant Denver Thomas Dale IV (“Dale”), and various subcontractors failed to construct Plaintiffs' home according to Plaintiffs' specificatio...

Excerpt: ...t defendants Fire Insurance Exchange (“FIE”), Kathi Dolan, and Kathi Dolan Agency's (collectively the “Dolan Defendants'). Plaintiff's Complaint has been subject to several demurrers over the course of this litigation, most recently FIE's demurrer to the Second Amended Complaint (“SAC”). The Court sustained FIE's demurrer on January 25, 2022, on the basis of uncertainty and granted Plaintiff leave to further amend her Complaint. Plainti...

Excerpt: ...ble attorney's fees and costs from its former client and former client's counsel. Plaintiff Century Park Law Group (“Plaintiff”) seeks to recover fees and costs incurred from its representation of Defendant Monica Cabezas (“Cabezas”) in another action. Cabezas retained Plaintiff under a retainer agreement for almost two years, but it was later discharged and replaced with Defendants Schwimer Weinstein, LLP (“Schwimer”) and the Simon L...

Excerpt: ...ded Complaint, filed on March 18, 2022, is the operative complaint in this action. Defendants Warner Bros. Entertainment, Inc. and New Line Productions, Inc. (collectively “Defendants”) have jointly filed a motion for summary adjudication which is currently set for hearing on June 7, 2022. Defendants' instant motion seeks to seal one exhibit in connection with their pending motion for summary adjudication, namely an agreement between author a...

Excerpt: ...nd Larry Worchell Family Trust dated January 21, 2005, and as Trustee of the nonexempt marital trust under the Laura and Larry Worchell Family Trust dated January 21, 2005 (“Plaintiff”), filed a complaint against Defendant Aina, LLC (“Defendant”) for unlawful detainer. The Complaint alleges as follows. Plaintiff owns the real property located at 8830 West Sunset Boulevard, West Hollywood, CA 90069 (“Premises”) and leased the Premises ...

Excerpt: ...rnia, 90292. On March 11, 2022, Plaintiffs, who own the subject property, filed a Complaint asserting one cause of action for unlawful detainer against defendants John Hertz and Diane Hertz, who are alleged to occupy the property. John and Diane Hertz (collectively, “Defendants”) have filed a motion to strike Plaintiffs' Complaint in its entirety, claiming it has not been properly verified as required by Code Civ. Proc. § 1166. Alternatively...

Excerpt: ...'s (“Plaintiff”) operative complaint in this action is the First Amended Complaint, filed on January 12, 2021. On November 2, 2021, Plaintiff reached a settlement with defendants Robert Johnson, Lisa Johnson, and Novus Content, LLC (collectively the “Settling Defendants”). The settlement was conditioned on payment of $180,000 to Plaintiff, commencing with a $20,000 payment at the time of the settlement with the balance to be paid in subse...

Excerpt: ...Orwo Film Studios, LLC, and Orwo Film Distribution, LLC AND RELATED CROSS-ACTIONS Background This case involves the alleged breach of a right of first negotiation and last refusal for worldwide distribution rights to subsequent productions of the horror movie franchise, Jeepers Creepers. Cross-Defendant Myriad Pictures, Inc. (“Cross-Defendant” or “Plaintiff”) alleges in the Complaint having a contractual right of first negotiation and las...

Excerpt: ...and construction of a custom residential home. Michael Levine and Zorbey Ozdilek (“Plaintiffs”) contracted with Montalba Architects, Inc. to serve as the architect for the construction of Plaintiffs' custom home in Los Angeles, California (“the project”). During the project, Plaintiffs learned the general contractor and various subcontractors, including moving Defendant Rapid Duct Testing & Air Balancing, Inc. (“Rapid”), failed to con...

Excerpt: ...ara Pollastrini's (“Plaintiff”) employment for Defendant Allesandro Cajrata Crivelli (“Defendant”) as a personal chef in Defendant's home. The operative complaint in this action is Plaintiff's Second Amended Complaint (“SAC”), filed on March 11, 2022, following the Court's March 2 ruling on Defendant's demurrer to the First Amended Complaint (“FAC”). As part of the March 2 ruling, the Court sustained Defendant's demurrer to Plaint...

Excerpt: ...ff Arden 713, LLC (“Plaintiff”) and located at 713 N. Arden Drive, Beverly Hills, California 90210 (the “Project”). The material used for the roof was manufactured by Defendant Rheinzink America, Inc. (“Rheinzink”) who sold the roofing materials to Defendant Old Country Millwork, Inc. (“OCM”) who in turn sold them to Defendant MJC Roofing, Inc. (“MJC”), which actually installed the zinc metal roof on the Project. MJC has filed...

Excerpt: ...or Production of Business Records Background This case involves a management agreement entered by TMS & Brain Health LLC (“TBH”) and Dragonfly Holding LCC dba Clear Mind Treatment and Dragonfly Medical, Inc. (“Cross-Complainants”). Cross- Complainants bring the First Amended Cross-Complaint against the “Alter Ego Defendants,” defined as TBH, Ben Spielberg, Michael Sinel, M.D., and Bespoke Treatment LLC, and the “Physician Defendants...

Excerpt: ...�) allegations that Defendant Fanli Inc. (“Defendant”) and other individual and corporate co-defendants misappropriated Plaintiff's work product and breached—or assisted in breaching—Plaintiff's contracts with certain of its employees. 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 dut...

Excerpt: ...bsequent interruption of business as a result of a construction accident occurring at the offices of Plaintiff Management Brokers, Inc. (“Plaintiff”). Defendant, Cross- Complainant, and Cross-Defendant Jamik Construction & Management (“Jamik”) hired Singleton Fire Protection, Inc. (“Singleton”) to rework fire sprinklers to accommodate a new floor plan in Suite 613 at 9301 Wilshire Blvd., which was occupied by Plaintiff. On October 11,...

Excerpt: ...leges that he was subjected to uninhabitable living conditions while residing in Unit 11 (the “Subject Unit") at 1508 12th St., Santa Monica, California 90401 (the “Property”). Plaintiff alleges that the Subject Unit was delivered and/or developed dangerous and hazardous conditions, and that he sustained injuries as a result of the alleged dangerous conditions. According to the operative pleading, Plaintiff took possession of the Subject Un...

Excerpt: ...�) who are members and managers of Blenkhorn Properties LLC (“BP” or the “Company”). Plaintiff's Complaint, filed on April 8, 2021, alleges four causes of action against Defendant: (1) involuntary dissolution, (2) declaratory relief, (3) breach of fiduciary duties, and (4) conversion. Defendant now demurrers to the first, third, and fourth causes of action asserted in the Complaint on the basis that they fail to set forth sufficient facts...

Excerpt: ...g Choice Voucher from its tenant. The operative complaint is the First Amended Complaint filed by plaintiff City of Santa Monica (“Plaintiff”) on December 19, 2019. That First Amended Complaint asserts three causes of action against defendant WIB Holding, LLC (“Defendant”) for (1) tenant harassment, (2) housing discrimination based on source of income under S.M.M.C. 4.28.030, and (3) housing discrimination under California Civil Code § 5...

Excerpt: ...�Plaintiff”) stay at the Freehand Los Angeles hotel owned by defendant Yshre LA, LLC (“Defendant”) on January 21 and 22, 2020. In her Complaint filed on November 15, 2021, Plaintiff alleges her hotel room was infested with bedbugs and asserts nine causes of action against Defendant: (1) breach of implied warranty of habitability, (2) battery, (3) negligence, (4) nuisance, (5) intentional infliction of emotional distress, (6) negligent infli...

Excerpt: ...n Gonzalez (“Plaintiff”) was injured when a 2000-pound elevator counterweight struck his body. Plaintiff did not die, but his right arm was crushed and nearly severed. As a result of this incident, Plaintiff filed this action against multiple defendants, alleging negligence, negligence per se, and punitive damages. On March 25, 2021, Defendant Del Amo Construction, Inc., (“Defendant”) filed a motion for summary judgment or, in the alterna...

Excerpt: ...019, Plaintiff Attorney IO News, LLC (“Plaintiff”) filed its operative first amended complaint, alleging causes of action against Defendant Regents of the University of California (“Defendant”) for (1) Violations of the California Public Records Act – Cal. Gov't Code §§ 6250 et seq. and (2) Taxpayer Action Under California Code of Civil Procedure Section 526a to Prevent Illegal Expenditure of Funds. Plaintiff alleges that Defendant di...

Excerpt: ... to Strike Background Plaintiff Perside Nicole Cognein (“Plaintiff”) brings this action against defendants Fire Insurance Exchange (“FIE”), Kathi Dolan, and Kathi Dolan Agency's (collectively the “Dolan Defendants'). Plaintiff's Complaint has been subject to several demurrers over the course of this litigation, most recently FIE's demurrer to the Second Amended Complaint. The Court sustained that demurrer on January 25, 2022, on the bas...

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, Schwim...

Excerpt: ...“Dr. Sinel”), and Bespoke Treatment LLC (“Bespoke”), and the “Physician Defendants,” identified as Dr. Sinel, Nima Fahimian, M.D., Aviva Bernat, M.D., and Meredith Sagan, M.D. Cross-Complainants allege the Alter Ego Defendants falsely claimed that their transcranial magnetic stimulation (“TMS Services”) and intranasal and intravenous versions of the drug Ketamine (“Ketamine Services”) would be reimbursed by Medicare and other ...

Excerpt: ...etainer. Plaintiff One Westside, LLC, (“Plaintiff”) alleges Defendant Silver Cinemas Acquisition Co., (“Defendant”) failed to provide a Rental Letter of Credit (“LC”) for the commercial rental unit 10850 West Pico Boulevard, Los Angeles, California 90064 (“Premises”). Plaintiff is the owner of the Premises. On December 23, 2021, Plaintiff moved for summary judgment, which the Court granted on February 22, 2022, on the basis that, ...

Excerpt: ...one cause of action for breach of contract against Defendant. Plaintiff alleges that Defendant violated the terms and services of a Zoom yoga class by using the alias “Justin Pulley” to sign up for Plaintiff's Zoom yoga class and exposing himself on Zoom to the other participants in the class. Plaintiff moves for leave to propound a deposition subpoena for the production of business records to non-party Google on the basis that such discovery...

Excerpt: ...kground This is breach of written contract case arising out of the premises located 10921 Wilshire Boulevard, Los Angeles, California, 90024 (the “Premises”), which was leased by Defendant WW Westwood, L.P. (“Defendant”) as landlord to Plaintiff Fitness International, LLC (“Plaintiff”) as tenant. Plaintiff generally alleges that it operated a health club and fitness center in the Premises, but it was materially and negatively impacted...

Excerpt: ...ompany (“Defendant”). On September 24, 2020, Plaintiff filed the operative Second Amended Complaint. Plaintiff's Second Amended Complaint alleges the following causes of action against Defendant: (1) Breach of Insurance Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; and (3) Declaratory Relief. On December 8, 2021, Defendant filed an Ex Parte Application to Continue the Trial Date and Other Related Dates. Defendant sought a c...

Excerpt: ...1, Plaintiff Kresimir Emil Kadrnka, Trustee of the Kresimir Emil and Vladimira Kadrnka Family Trust Dated December 3, 1998 (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against Defendants for the same four causes of action. On February 7, 2022, Defendants filed a demurrer to the FAC and a motion to strike portions of the FAC. Plaintiff filed an opposition on February 25, 2022, and Defendants filed a joint reply on Marc...

Excerpt: ...be confirmed Background This action concerns an abandoned real property located at 1119 Coldwater Canyon Avenue, Beverly Hills, CA 93536 (“Subject Property”), which has become the source of neighborhood complaints of nuisance conditions since 2019. Before filing this action, Plaintiff City of Beverly Hills (“Plaintiff”) attempted to obtain the Subject Property owner's compliance to correct the various violations but to no avail. Plaintiff...

Excerpt: ...y case. Plaintiff Linda Lomax (“Plaintiff”) alleges that she tripped and fell when the doors to an elevator began to close when she was stepping into the elevator (“Incident”). The incident occurred on October 21, 2016 at the United States Postal Service (“USPS”) Beverly Hills Annex located at 820 N. San Vicente Boulevard, West Hollywood, California 90069 (“Property”). Defendant E.N. Dell Company Inc. dba Republic Elevator Company...

Excerpt: ...ne Plastering, Wilmar Guevara-Alvarez, JB Marble Co., Jacques Barlava, and Does 1 through 100, alleging the following causes of action: (1) negligence, (2) breach of implied warranty of reasonable workmanship, (3) breach of contract, (4) breach of express warranty, (5) strict products liability, (6) intentional misrepresentation, (7) fraudulent concealment, and (8) declaratory relief. On October 18, 2021, BFF filed a Cross-Complaint against Peter...

Excerpt: ...Trust dated January 21, 2005 and as Trustee of the non-exempt marital trust under the Laura and Larry Worchell Family Trust dated January 21, 2005 (“Plaintiff”), filed a complaint against Defendant Aina, LLC (“Defendant”) for unlawful detainer. The Complaint alleges as follows. Plaintiff owns the real property located at 8830 West Sunset Boulevard, West Hollywood, CA 90069 (“Premises”) and leased the Premises to Defendant under a writ...

Excerpt: ...ublic nuisance, (2) municipal code violations, (3) unfair business practices, and (4) declaratory and injunctive relief. On September 30, 2021, the Court (Hon. Craig D. Karlan) granted Plaintiffs' motion for summary judgment (the “Summary Judgment Order”). On December 16, 2021, the Court (Hon. Craig D. Karlan) entered judgment in Plaintiffs' favor against Defendant. On January 28, 2022, the Court (Hon. Craig D. Karlan) denied Defendant's moti...

Excerpt: ...ailed to pay all owed rent during April 1, 2020 to September 2021. On October 6, 2021, Plaintiff filed its operative first amended complaint (“1AC”) against Defendants and Does 1 to 50 asserting a sole cause of action for breach of contract. On February 16, 2022, the Court entered default against Alexandra. Jonathan moves for judgment on the pleadings, arguing that he has not breached the lease pursuant to local ordinances passed in response ...

Excerpt: ...ss Written Warranty; and (5) Breach of Implied Warranty of Merchantability. On January 7, 2022, Defendant file the present Motion to Compel Arbitration. Request for Judicial Notice Defendant's Request for Judicial Notice is GRANTED, pursuant to Evidence Code section 452, subdivision (d). (Evid. Code, § 452, subd. (d).) Motion to Compel Arbitration Standard Under both the Title 9 section 2 of the United States Code (known as the Federal Arbitrati...

Excerpt: ...rative First Amended Complaint (“FAC”). This action involves determination of the bounds of a floating easement created in 1997 by two judgments. Plaintiff alleges this case is necessary to establish where the easements are to be placed on the property of Defendant 6097 West Winding Way, LLC (“Defendant”). The FAC alleges, Plaintiff approached Defendant seeking their agreement include the right to construct and maintain water and utility ...

Excerpt: ... following causes of action: (1) Elder Abuse – Custodial Neglect (Welf. & Inst. Code, § 15600 et seq.); (2) Violation of Resident Rights (Health & Saf. Code, 1430, subd. (b)); (3) Negligence/Professional Negligence; (4) Wrongful Death with Survival; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Racial Discrimination (Civ. Code, § 51.); (8) Violation of Title VI of the 1964 Civil Rights A...

Excerpt: ...ent to any pleading or proceeding[.]” (Code Civ. Proc., § 473, subd. (a); see also Code Civ. Proc., § 576 [“[a]ny judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order”].) Permissible amendments include the addition of new causes of action as well as the addition of new parties. (Code Civ. Proc., §...

Excerpt: ...t etc.et.al. of Respondents Remodeling California Inc. and Ilan Shapira in AAA's In the Matter of the Arbitration Between: Jonathan Beck and Melisa Beck, Claimants, and Remodeling California Inc., Respondent, AAA Case No. 01-20-0014- 3790 (RJN, Exh. 7); Order Following November 3, 2020 Conference Call issued by Arbitrator C. Phillip Jackson in AAA's In the Matter of the Arbitration Between: Jonathan Beck and Melisa Beck, Claimants, and Remodeling...

Excerpt: ...could rule on the anti-SLAPP motion. Evidentiary Objections The Court OVERRULES Plaintiff's objections Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counsel...

Excerpt: ...a result of the incident, Plaintiffs incurred expenses for medical care, the cost of the hotel room, replacement costs for luggage and clothing exposed while at the hotel. On October 4, 2021, Plaintiffs filed their complaint against Shore Hotel, Routson, and Does 1 to 20 asserting seven causes of action: (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) fraudulent concealment; (5) private nuisance; (6) public nuis...

Excerpt: ...2020, Defendant Kennedy-Wilson Properties, LTD filed a Cross-Complaint against Defendant, among others, asserting causes of action for contractual indemnity and implied equitable indemnity. On October 9, 2020, Cross-Complainant Newport Office Center V. Associates, LLC, NOC V Land Company, and 561 North Garage, LLC (collectively “Newport”) filed a Cross-Complaint against Defendant, among others. The operative pleading is the First Amended Cros...

Excerpt: ...ing to the operative pleading, Plaintiff took possession of the Subject Unit pursuant to a lease and was a tenant who rented the said unit from October 10, 2007, through February 20, 2017. However, the Subject Unit represents one of eleven units at the Property. 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, §...

Excerpt: ...knin had allegedly caught covid. On February 2, 2022, Vaknin advised Green to file the instant Motion to Set Aside Default. Set Aside Default Pursuant to CCP Section 473 Standard The discretionary relief provisions of section 473, subdivision (b) provide in pertinent part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or ...

Excerpt: ...ment (“Agreement”). Consul alleges Rainier AG agreed to hold certain assets in an account, which Consul alleges Rainier AG failed to do. Consul contends Rainier AG provided Consul wire instructions to have money transferred into the bank account of Cross-Defendant Lidia Zinchenko, Consul demanded the money back, and Rainier AG refused. Consul brings causes of action for conspiracy to defraud, fraud, breach of contract, conversion, imposition ...

Excerpt: ...According to the operative pleading, Plaintiff took possession of the Subject Unit pursuant to a lease and was a tenant who rented the said unit from October 10, 2007, through February 20, 2017. However, the Subject Unit represents one of eleven units at the Property. 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. Co...

Excerpt: ...reement (“Agreement”). Consul alleges Rainier AG agreed to hold certain assets in an account, which Consul alleges Rainier AG failed to do. Consul contends Rainier AG provided Consul wire instructions to have money transferred into the bank account of Cross-Defendant Lidia Zinchenko, Consul demanded the money back, and Rainier AG refused. Consul brings causes of action for conspiracy to defraud, fraud, breach of contract, conversion, impositi...

Excerpt: ...d Does 1 to 10. On December 21, 2021, Plaintiffs filed their mandatory cover sheet and supplemental allegations. Defendant now demurs on the grounds of insufficient facts, arguing that the three-day notices were defective. Plaintiffs oppose. Defendant filed a reply. Demurrer standard A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.¿When considering demurrers, courts r...

Excerpt: ...ntered into the lease on or about March 1, 2016. In or about January 2018, Draz Investments, LLC, dissolved, and Plaintiff Michael Draz received all interest of that entity in and to the leasehold of the Premises. Plaintiff alleges spending over $500,000 improving the value of the Premises. Plaintiff further alleges Defendants have breached the terms of the lease and the supplementing agreements by attempting to terminate the lease and failing to...

Excerpt: ...alleges that Defendants have been operating without proper licensing and without adhering to safety regulations, and as a result, Defendants have been able to increase their revenue. On January 31, 2022, Defendants filed the instant motion for judgment on the pleadings. On February 16, 2022, Plaintiff filed its opposition. On February 17, 2022, Defendants filed its reply. Motion for Judgment on the Pleadings Standard Code of Civil Procedure § 43...

Excerpt: ...ncertainty, to the: (1) fifth cause of action – failure to comply with itemized employee wage statement provisions (California Labor Code sections 226, 1174, and 1175); (2) seventh cause of action – defamation – slander per se; (3) eighth cause of action – intentional infliction of emotional distress; and (4) ninth cause of action – negligent infliction of emotional distress. Plaintiff opposes. Defendant filed a reply. Demurrer standard...

Excerpt: ...pay wages; (4) quantum meruit; (5) promissory estoppel; (6) conversion; (7) intentional misrepresentation; (8) violation of Labor Code section 970; (9) wrongful termination in violation of public policy; (10) unlawful business practices; (11) failure to reimburse; (12) breach of fiduciary duty; (13) unjust enrichment; and (14) declaratory relief. On December 5, 2019, the Court granted Defendants' motion to compel arbitration and stayed the procee...

Excerpt: ...ting economic relationships; (2) intentional interference with prospective economic relationships; (3) negligent interference with existing economic relationships; (4) negligent interference with prospective economic relationships; (5) violation of California Business and Professions Code section 17200 et seq. In its complaint, Plaintiff alleges that Defendants published four videos containing false, misleading, and malicious allegations concerni...

Excerpt: ...ies, included Disruptive Technology Solutions (“DTS”) and DTA II, without Defendant's knowledge. The parties agreed to mediate the dispute and executed the Settlement Agreement at the conclusion of the mediation. On September 20, 2020, Plaintiff initiated this action by filing a Complaint for declaratory relief seeking an order establishing that Plaintiff owes no payment obligations to Defendant outside of DTS under the terms of their Settlem...

Excerpt: ...ges. Cross-Complainant Cabrillo Elevator (“Cross-Complainant”) now files its Motion for Summary Adjudication against Cross-Defendant Del Amo Construction (“Del Amo”). In 2014, Cross-Complainant and Del Amo entered into the “Master Agreement.” This agreement defined the parties' overall relationship for each specific construction project the parties agreed to work together. In July 2018, parties entered into the “Work Agreement” fo...

Excerpt: ...tion against Defendants alleging negligence, negligence per se, and punitive damages. Defendant Del Amo Construction, Inc., (“Defendant”) now files its Motion for Summary Judgment or, in the alternative, summary adjudication. Objections The Court SUSTAINS Plaintiff's objections to portions of Brian Murphy's Declaration. Legal Standard The role of summary judgment is to enable courts to determine whether the parties' pleadings and allegations ...

Excerpt: ...California Business and Professions Code in the sum of $12,500.00. This bond became effective on September 5, 2013, and Cross-Complainant is informed and believes that it was in effect at the time of the occurrence of the event giving rise to this suit. As of January 1, 2016, the penal sum of the bond was increased to $15,000.00. Cross-Defendants, and each of them, have made claims that are adverse and conflicting and Cross- Complainant denies li...

Excerpt: ...fees and costs incurred bringing her Anti-SLAPP motion. Objections Defendant's evidentiary objections: · 1, 2, 6, 8, 9, 10, 13, 14, and 15 are OVERRULED · 3, 4, 5, 7, 11, and 12 are SUSTAINED Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specific...

Excerpt: ...unsel must be served on the client and made on the Notice of Motion and Motion to be Relieved as Counsel – Form (MC-051). Served on client – Yes On Form MC-051 – Yes Declaration: CRC Rule 3.1362(c) requires that the motion be accompanied by a declaration of counsel on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel – Form (MC-052) and state in general terms, without compromising confidentiality, the basis for wit...

Excerpt: ...unit owned by Defendant Sharon/Shahriar Nassirzadeh Family Trust. The complaint arises from plumbing failures in Defendant's unit which resulted in water damage to Plaintiff's residence. On August 17, 2021, Defendants filed a Cross-Complaint against Plaintiff. On September 20, 2021, Plaintiff filed a Demurrer with Motion to Strike to Defendant's Cross-Complaint. The hearing for the Demurrer and Motion to Strike was scheduled for November 19, 2021...

Excerpt: ...sion of the Premises after Defendant's failure to cure material breaches of the various lease agreements. Plaintiff served a 15-day Notice to cure breaches or surrender possession (the “Notice”) on August 9, 2021. Defendant did not cure the breaches nor vacate the Premises. Plaintiff moves for summary adjudication on its unlawful detainer's second and third cause of action. It makes this motion on the grounds that there is no triable issue as...

Excerpt: ...ence St. John's Health Center. The Defendant concluded that Plaintiff had a high likelihood of prostate cancer and ordered a biopsy. Plaintiff experienced urinary retention issues at this initial meeting with Defendant. After further diagnostic procedures, Defendant recommended that Plaintiff undergo robot-assisted radical prostatectomy. Plaintiff met with Defendant twice and Defendant discussed the procedure, catheterization, recovery, risks, an...