Excerpt: ... Village Health Care Center and Longwood Management Corp. (“Defendants”) in connection with a fall Plaintiff suffered on November 13, 2022. Plaintiff alleges he sustained injuries when he slipped on Defendant's premises. Plaintiff now moves for trial preference pursuant to C.C.P. § 36 and Defendants oppose. ANALYSIS: I. LEGAL STANDARD C.C.P. § 36(a) provides in part: “A party to a civil action who is over 70 years of age may petition the ...

Excerpt: ...Dental Group by Bardakjian DDS, Inc., Sherman Oaks Dental Group by Krikor Bardakjian DDS, Inc., and 485 Cliff Dr. LLC, alleging nine causes of action and seeking compensatory damages in excess of $3,000,000.00, general damages, punitive and exemplary damages, attorney's fees and costs of suit. On August 2, 2022, Defendant filed his Cross Complaint against Plaintiff, Alina Bagasian (“Bagasian”), Liana Sahakyan (“Sahakyan”), Suren Minasyan ...

Excerpt: ...n with an alleged motor vehicle accident. Defendant has answered and demanded jury trial. Plaintiffs were previously represented by counsel, however a motion to be relieved was granted on May 19, 2023. On August 4, 2023, the Court granted Defendant's motion to compel discovery responses from Plaintiff and to deem requests for admissions (“RFA”) matters admitted. Defendant now moves for terminating sanctions. Plaintiffs have filed no oppositio...

Excerpt: ...s Inc. (Collectively “Plaintiffs”) filed suit against Mercury Casualty Insurance Company (“Defendant”) alleging Defendant failed to pay out insurance benefits pursuant to an insurance agreement between the parties (“the Agreement”). The Complaint contained causes of action for (1) Breach of Contract, (2) Breach of The Covenant of Good Faith and Fair Dealing, (3) Unfair Business Practices Under Business and Professions Code § 17200, E...

Excerpt: ...nte (“Conte”), Laurel Ventura Place, LLC (“Ventura”), and Treadgruv, LLC (“Treadgruv”) (collectively “Defendants”). Plaintiff alleges Defendants owe approximately $240,244.46 for construction work Plaintiff conducted at 12080 Ventura Place, Unit 1, Studio City, California 91604 (“Property”). It is undisputed that Ventura is the owner of the property. The Complaint contains causes of action against each Defendant for (1) Breach...

Excerpt: ...ed to practice in New York and is in this action pro per. Plaintiff alleges these companies and persons incorporated details of her life into several dozen motion pictures and television shows over the period of several decades without her permission. Before the Court now is an anti-SLAPP motion brought by defendant Harvey Weinstein (“Weinstein”). Plaintiff asserts 10 total causes for (1) Conspiracy to Commit or Violation of New York Civil Ri...

Excerpt: ...ed in a doctor's office in Burbank, CA. Sentinel Insurance Company (“Sentinel”), the insurer for the office, seeks indemnification for the approximately $926,379.54 in damages caused by the leak of the filter. (Compl. ¶ 27.) Sentinel's Complaint alleges the filter was provided by Archstone Distribution, LLC (“Archstone”) who in turn purchased the filter from Amazon.com. (Compl. ¶ 17.) Archstone alleges that the company who sold the filt...

Excerpt: ...�Defendant”) for claims arising out of an alleged breach in a construction contract. The Complaint contains five causes of action for (1) Breach of Contract , (2) Foreclosure of Mechanics Lien, (3) Reasonable Value for Services and Materials Furnished, (4) Account Stated, and (5) Agreed Sum for Materials Furnished. Defendant now moves to compel arbitration and requests a stay of proceedings be issued in the event their motion is granted. Plaint...

Excerpt: ...uction companies and personalities. Plaintiff is an attorney admitted to practice in New York and is in this action pro per. Plaintiff alleges these companies and persons incorporated details of her life into several dozen motion pictures and television shows over the period of several decades without her permission. Before the Court now are four anti-SLAPP motions brought by the following defendants. Miramax Film Ny, LLC F/K/A Miramax Film Corp....

Excerpt: ...State”) in connection with a motor vehicle collision which occurred March 24, 2022. Plaintiff alleges a dangerous condition was present on the US-101 creating a substantial risk of injury. Plaintiff further alleges the State is liable for injuries to Decedent pursuant to Government Code § 835. The State now demurs to Plaintiff's second cause of action for Dangerous Condition of Public Property on grounds that it fails to state sufficient facts...

Excerpt: ...s she began experiencing adverse health conditions after moving in to 10941 Bloomfield St., N. Hollywood, CA, a properly currently owned by Defendant. The First Amended Complaint (“FAC”) contains causes of action for (1) General Negligence, (2) Premises Liability, (3) Breach of Contract, and (4) Intentional Infliction of Emotional Distress. Defendant now demurs to each cause of action on the grounds that they fail to state sufficient facts, a...

Excerpt: ...st and future damages, general past and future damages, exemplary or punitive damages, and cost of suit. Plaintiff and Defendant were partners in a business venture known as DS Medi Spa in 2021, however their relationship soured, and the business ceased to exist soon after. Plaintiff alleges, among other things, that Defendant conspired to offer medical services without the proper licensing, interfered with Plaintiff's business, and generally tar...

Excerpt: ...fendants are in the unlawful possession of the real property known as 11122 Hortense St., Toluca Lake, CA 91602. Plaintiff also seeks unpaid rent in the amount of $35,000. Defendants, each of them in pro per, now demur to the entirety of the complaint. ANALYSIS: I. LEGAL STANDARD The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (C.C.P. § 430.30(a); Blank v. Kirwan (1985) 39 Cal. 3d 311, 31...

Excerpt: ...th the purchase of a property located at 10024 McBroom St, Sunland, CA 91040. Plaintiff alleges Korb was negligent in hiring an untrained contractor to affect deficient repairs upon the property and thereafter failed to disclose any defects to Plaintiff. Plaintiff now moves to compel further responses to her Requests for Production of Documents (“RFPD”) nos. 1-26 and Special Interrogatories Nos. 1-49. Korb has filed no Opposition. ANALYSIS: I...

Excerpt: ... negligent operation of their automobile caused Plaintiff injury. Koeppel now moves to strike portions of Plaintiff's complaint containing allegations that Koeppel was under the influence and request for punitive damages thereby. Plaintiff has filed no opposition. RELIEF REQUESTED: Koeppel requests the Court issue an order striking the following portions of Plaintiff's Complaint: 1. “UNDER THE INFLUENCE (despicable conduct)” from Paragraph 11...

Excerpt: ...West Coast Urgent Care Clinics, Inc. (“Defendant”), Sona Sirounian, Brigeli Westerband, and Vahe Gyulnazaryan. Plaintiff now moves to compel further responses to her Requests for the Production of Documents (“RFPD”) without objections. Defendant opposes this motion and moves for relief from waiver of objections to these RFPD. ANALYSIS: I. LEGAL STANDARD Motion for Relief from Waiver If a party to whom a demand for inspection … is direct...

Excerpt: ...) , on December 6, 2022 for claims arising out of the purchase of a 2022 BMW M440i xDrive. The Complaint contains four causes of action: (1) violation of Song-Beverly Act - breach of express warranty, (2) violation of Song-Beverly Act - breach of implied warranty, and (3) violation of the Song- Beverly Act section 1793.2(b), and (4) Negligent Repair. BMW and Century West (“Moving Parties”) now move to compel arbitration of these claims and Pl...

Excerpt: ...anuary 28, 2022, Plaintiff filed his First Amended Complaint containing three causes of action for (1) Breach of Contract, (2) Intentional Misrepresentation, and (3) Negligent Misrepresentation. On September 2, 2022, the Court granted the motion to be relieved of Plaintiff's counsel. Plaintiff is now in pro per. ANALYSIS: I. LEGAL STANDARD Where a party fails to obey an order compelling answers to discovery, “the court may make those orders tha...

Excerpt: ...f Civil Code § 1791.2, commonly known as the Song Beverly Act. The parties have reached an agreement of settlement which provides for attorneys fees to be determined by motion made to this Court. Plaintiff now brings such a motion and BMW opposes. ANALYSIS: I. LEGAL STANDARD “The Song-Beverly Act. . . includes a fee-shifting provision allowing for prevailing buyers to recover attorney fees under section 1794.” (Reynolds v. Ford Motor Co. (20...

Excerpt: ...(“Defendant”) for breach of contract. Plaintiff now applies for a writ of attachment in the amount of $303,610.12, which comprises the balance owed across three accounts Defendant allegedly maintained with Plaintiff. Defendant opposes the application and Plaintiff replies. ANALYSIS: I. LEGAL STANDARD Writ of Attachment Code of Civil Procedure (“C.C.P.”) § 484.010 provides “Upon the filing of the complaint or at any time thereafter, the...

Excerpt: ... to practice in New York and is in this action pro per. Plaintiff alleges these companies and persons incorporated details of her life into several dozen motion pictures and television shows over the period of several decades without her permission. Before the Court now is an anti-SLAPP motion brought by defendant Harvey Weinstein (“Weinstein”). Plaintiff asserts 10 total causes for (1) Conspiracy to Commit or Violation of New York Civil Righ...

Excerpt: ... online moniker “Cardporn”. Plaintiffs run a sports trading card business and allege that Instagram Cardporn has repeatedly defamed Plaintiffs online. Specifically, Plaintiffs allege Cardporn has made false accusations that Plaintiffs' Upper Deck Lebron James rookie card is fake. On February 7, 2023, this Court granted Plaintiffs' ex parte application for leave to serve a deposition subpoena on nonparty Meta Platforms, Inc., the owner and ope...

Excerpt: ...ng the Court open an underinsured motorist discovery case so a motion to compel discovery responses could be filed pursuant to the authority conferred by California Insurance Code, § 11580.2(f)(1). The Defendant in the matter is Carlos Cruz (“Defendant”). On March 24, 2023, the Court granted Plaintiff's petition. On April 14, 2023, the Court granted Plaintiff's motion to compel discovery responses propounded on Defendant on November 14, 2022...

Excerpt: ...tor Company (“Western”), and True Heat Solutions (“True Heat”) (collectively “Defendants”). True Heat is alleged to have served as the subcontractor for Western and Rentokil in servicing the Plaintiff's home to eliminate pests. Plaintiff alleges Defendants were negligent in treating her property for pests, causing her eventual injury from pesticides. On September 9, 2021, Plaintiff filed her Third Amended Complaint (“TAC”). The TA...

Excerpt: ...usting (“Counterpoint”), Gary Baca (“Baca”), Victor Cuahutemoc Pena (“Pena”), and Vic's Restoration & Construction (“Vic's) (collectively “Defendants”). Plaintiff alleges a series of contracts between himself and Defendants. Plaintiff alleges an initial contract whereby Counterpoint would assess insurance claims on Plaintiff's property. Plaintiff asserts that, pursuant to that agreement, Counterpoint was to hold money received f...