Excerpt: ...ticipate in litigation through counsel and Defendant is unable to appear on its own behalf. On November 22, 2022, the Court granted Plaintiff's ex parte application to advance the hearing date on this motion from December 16 to December 7. Defendant was ordered to file an opposition by December 2. Motion to Strike Standard Motions to strike are used to reach defects or objections to pleadings which are not challengeable by demurrer (i.e., words, ...

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. After the conclusion of the unlawful detainer actio...

Excerpt: ... West 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 operative complaint is the First Amended Complaint (“FAC”) filed on December 4, 2017, and asserting 19 causes of action against Defendants, though the Court note...

Excerpt: .... Defendant now moves to set aside the entry of default and default judgment against him pursuant to Code Civ. Proc. § 473.5 on the basis that he did not receive actual notice of this action until August 2022, at which time the default judgment had already been entered against him. Plaintiff opposes Defendant's motion. Legal Standard “When service of a summons has not resulted in actual notice to a party in time to defend the action and a defa...

Excerpt: ...n count. Plaintiff previously applied for a writ of attachment on his cause of action for breach of contract. The Court denied Plaintiff's application on October 19, 2022, finding Plaintiff had not established timely and proper service on Defendants as required by the Code of Civil Procedure. The Court's denial of the application was without prejudice and permitted Plaintiff to refile the application with proper notice to Defendants. Plaintiff no...

Excerpt: ...ch is not represented by counsel in this action and thus is barred from participating in these proceedings. Plaintiffs' motion is unopposed. Motion to Strike Standard Motions to strike are used to reach defects or objections to pleadings which are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (C.C.P. §§ 435, 436 & 437.) A motion to strike lies only where the pleading has irrelevant, false or improper matter, or...

Excerpt: ...”). Yashar, Precision, Century, and Krous have filed Cross-Complaints against each other raising claims for indemnity. Yashar's Cross-Complaint, filed August 3, 2020, asserts additional causes of action for breach of warranty and negligence. Century has filed a separate action, LASC No. 21SMCV01061, seeking payment for work performed on Yashar's property. The parties participated in a mediation session on January 18, 2022, which resulted in a S...

Excerpt: ...21, 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 lack of personal j...

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: ...so seek to recover sums alleged due under an agreement with Defendant Palisades Capital Management LLC (“PCM”) for the purchase of 8.33% of the profits it received by PCM from the sale of a property located at 1362 Bella Oceana Vista in Pacific Palisades, which the parties call the “Pratt” property. Defendants PCF7 and PCM, together with Defendants Patrick McKenna; Leslie Gornik; John Gornik; Palisades Funding, Inc.; Palisades Development...

Excerpt: ...ween the parties. Plaintiff opposes Defendant's motion. 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 fo...

Excerpt: ...so seek to recover sums alleged due under an agreement with Defendant Palisades Capital Management LLC (“PCM”) for the purchase of 8.33% of the profits it received by PCM from the sale of a property located at 1362 Bella Oceana Vista in Pacific Palisades, which the parties call the “Pratt” property. Plaintiffs' operative Complaint, filed on July 13, 2022, asserts causes of action for (1) material misrepresentations in violation of Corpora...

Excerpt: ..., breach of implied contract, breach of covenant of good faith and fair dealing, and declaratory relief. Plaintiff seeks right to attach orders and writs of attachment as to both Defendants in the amount of $191,297.34. Defendants oppose Plaintiff's application and motion. Legal Standard 1. Entity Defendants Attachment is a prejudgment remedy providing for the seizure of one or more of the defendant's assets to aid in the collection of a money de...

Excerpt: ...�) filed an Answer on February 10, 2022. Plaintiff moves for summary judgment, or, in the alternative, summary adjudication of its claims against Defendant. Plaintiff's motion is unopposed. Plaintiff's motion previously came on for hearing on August 4, 2022, and was continued to October 11, 2022. Summary Judgment Standard Motions for summary judgment are governed by Code Civ. Proc. § 437c, which allows a party to “move for summary judgment in ...

Excerpt: ...y the Court, Plaintiff filed a First Amended Complaint asserting additional causes of action on behalf of a class of similarly situated employees. Plaintiff, on her own behalf and on behalf of Defendants' other employees, alleges Defendants failed to provide required meal and rest periods, pay all wages, provide accurate itemized wage statements, and indemnify employees for necessary expenditures. On June 29, 2022, Plaintiff filed a motion for pr...

Excerpt: ...fendant Martinez Law 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 brings this demurrer to the Complaint under Code Civ. Proc. §§ 430.10 (a)-(g). Plaintiff opposes the demurrer. Legal Standard When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 ...

Excerpt: ..., 2021. Plaintiff alleges Defendants have been operating, managing, chartering, or controlling boating vessels without proper licensing or adhering to safety regulations, and, as a result, Defendants have been able to increase their revenue. (FAC ¶¶ 29, 36.) On August 29, 2022, the parties executed a Settlement Agreement and Mutual Release. Plaintiff now moves to enforce this agreement, arguing Defendants have not complied with its terms. Alter...

Excerpt: ...SMCV00474. On April 28, 2021, the Court issued an order finding this litigation related to an earlier action, Grace Carelli v. Mercedes‐Bohbot, Case No. SC126473, with the earlier action to serve as a lead case. These related actions stem from Plaintiff's ownership of real property located at 9635 Cedarbrook Drive, Beverly Hills, California 90210 (the “Subject Property”), and lawsuits brought by neighboring property owners regarding alleged...

Excerpt: ... 21SMCV00474. On April 28, 2021, the Court issued an order finding this litigation related to an earlier action, Grace Carelli v. Mercedes‐Bohbot, Case No. SC126473, with the earlier action to serve as a lead case. These related actions stem from Plaintiff's ownership of real property located at 9635 Cedarbrook Drive, Beverly Hills, California 90210 (the “Subject Property”), and lawsuits brought by neighboring property owners regarding alle...

Excerpt: ...022. On July 25, 2022, the Court granted Defendant's motion to set aside the entry of default and default judgment. Plaintiff now moves for summary judgment or, in the alternative, summary adjudication. A party may oppose a motion for summary judgment filed in an unlawful detainer action orally at the hearing or with a written opposition filed and served before or at the hearing. (Cal. Rules of Court, rule 3.1351(b)-(c).) “If a party seeks to h...

Excerpt: ...to assert similar claims against Defendant stemming from the same work and project which forms the basis of Plaintiff's claims against Defendant. Defendant opposes Kambur's motion, Plaintiff does not. Legal Standard Code Civ. Proc. § 387(d) provides the following: (1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law conf...

Excerpt: ... Development Company, Inc. (collectively with McKenna, “Defendants”), alleging McKenna, as the founder, manager, and operating director of the Company improperly settled a claim raised by a buyer of real property sold by the Company without first obtaining Plaintiff's consent. This real property is located at 1362 Bella Oceana Vista in Pacific Palisades, California. Plaintiff's Complaint, filed August 2, 2022, asserts four causes of action ag...

Excerpt: ...es provided to Defendants' members. Defendants have filed a First Amended Complaint against Plaintiff asserting causes of action for declaratory relief and money had and received. Defendants bring this motion asking the Court to stay 19 small claims actions Plaintiff has filed against Defendants. Alternatively, Defendants ask the Court to transfer and consolidate each of those 19 actions with this consolidated action. Plaintiff opposes Defendants...

Excerpt: ...iff now brings an application for writ of attachment on his cause of action for breach of contract in the amount of $176,200. Legal Standard “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” (C.C.P. § 484.010.) The application shall be ...

Excerpt: ...iff opposes Defendant's motion. Defendant has not filed a reply. Request for Judicial Notice Plaintiff requests the Court take judicial notice of the proof of service filed by Plaintiff in this action on September 6, 2022. Plaintiff's request is unopposed and is GRANTED. (Arce ex rel. Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 483; Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 790 n.10.) Legal Standard “A d...