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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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...