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...