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