Excerpt: ...inants Hilton Worldwide Holdings Inc.; Woodbine Legacy/Playa Owner LLC; Davidson Hotel Company LLC; and Steve Wisner's Motion for Summary Judgment or, in the Alternative Summary Adjudication is CONTINUED to a date TBD. On or before a date TBD, the parties shall provide revised separate statements and exhibits for the Court's review. Defendants shall provide a transcript of any audio recordings on which it relies, and the transcripts must be prope...

Excerpt: ...after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are not in dispute, and the nature of the plainti...

Excerpt: ... November 20, 2014, Raymond Tash, Trustee and Plaintiff's counsel to Defendants Vladimir Valsky, Val Serebryany, as trustee of the Serebryany Family Trust, and VIG Private Lending, Inc. and defense counsel within thirty (30) days of entry of this order. Defendants Vladimir Valsky, Val Serebryany, as trustee of the Serebryany Family Trust, and VIG Private Lending, Inc. to give notice. REASONING Defendants Vladimir Valsky, Val Serebryany, as truste...

Excerpt: ...riminal proceeding against Defendant Jeffrey Tamkin (Los Angeles Superi or Court Case No. 514932 (People v. Jeffrey Herter Tamkin)). Defendants argue that a stay is necessary to protect Tamkin's Fifth Amendment rights in connection with the criminal proceeding, which arises from the same underlying facts as this civil action, and because Tamkin is the only officer and manager of Tamkin Development Corporation, the corporation would be prejudiced ...

Excerpt: ...mply with a demand for a contemporaneous inspection of the subject ladder and subject premises pursuant to Code of Civil Procedure sec tion 2031.010. Defendant opposes the motion on the grounds that he has agreed to an inspection of the premises and ladder involved in the incident, but he objects to the simultaneous inspection because it is burdensome and costly because the ladder is in evidence storage in Ontario, California, pursuant to a deman...

Excerpt: ... information in discovery that is later subject to a claim of privilege or of protection as attorney work product “may seek a determi nation of the claim from the court by making a motion within 30 days of receiving the claim and presenting the information to the court conditionally under seal.” Defendant/Cross-Complainant Said Hakim (“Said”) moves the Court for an order determining that a 2016 email exchange between Cross-Defendant Micha...

Excerpt: ... notice. REASONING The court may grant leave to amend the pleadings at any stage of the action. (Code Civ. Proc., § 473, subd. (a).) A party may discover the need to amend after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that...

Excerpt: ...rmination in violation of public policy, a nd tenth cause of action for violation of Penal Code section 496 alleged against Defendants James Bekhor (“James”) and James S. Bekhor Insurance Services, Inc. (“JSB”) (collectively “Defendants”). The Court notes that Plaintiff's motion was filed as to the First Amended Complaint, but Plaintiff was subsequently granted leave to file a Second Amended Complaint (“SAC”) after the motion was ...

Excerpt: ...ount of $19,650 against Defendants Reed Capital Group, LLC and Gary Reed Enterprises, Inc. (“Defendants”) on the ground that Plaintiff prevailed in this action after the Court granted Plaintiff's motion for summary adjudication on January 19, 2024 as to the first and second causes of action. Defendants have not filed an opposition to the present motion. It is axiomatic that a party is permitted to recover reasonable attorney fees, when author...

Excerpt: ....) Defendants Sonoma Biologics, Inc. and Paul Caracciolo to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters ou tside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App....

Excerpt: ...Management, Inc. (collectively “Verbena”) moves the Court for an order adjudicating each of Verbena's claims for implied indemnity, express indemnity, contribution, and declaratory relief against Defendant/Cross -Defendant Fiesta, Inc. dba Fiesta Blinds & Drapery (“Fiesta Blinds”) in favor of Verbena on the grounds that Fiesta Blinds owes a contractual duty to Verbena to defend Verbena against Plaintiffs Mohammad Parsajou and Kimia Karimi...

Excerpt: ...division (b), provides that “[t]he court for good cause shown may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarras sment, or oppression, or undue burden and expense.” The protective order may include direction “[t]hat, contrary to the representations made in a declaration submitted under Section 2030.050, the number of specially prepared interro...

Excerpt: ...$19,761.50 against Plaintiff Abigail Slotkin (“Plaintiff”) on the ground that Defendants prevailed in this action after the Court sustained Defendants' demurrer to Plaintiff's Third Amended Complaint in its entirety, without leave to amend, thereby disposing of Plaintiff's remaining causes of action. It is axiomatic that a party is permitted to recover reasonable attorney fees, when authorized by contract, statute, or law, pursuant to Code of...

Excerpt: ... permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Los Angeles County Metropolitan Transportation Authority to give notice. REASONING Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) moves to strike the words “negligently, carelessly, managed and maintained” at paragraph 9 in Plaintiffs Eduard Cacares and Jennri Melendez (“Plaintiffs”)'s complaint. Defe...

Excerpt: ...nt of $1,010, payable by Cross -Defendant Mohammed Tehrani and defense counsel to Plaintiff Christian Carrillo and Plaintiff's counsel within thirty (30) days of ent ry of this order. Defendant/Cross -Complainant Marc Milo Mandel's Motion to Compel Responses to Requests for Production of Documents, Set One is GRANTED. Cross-Defendant Mohammed Tehrani shall serve code- compliant responses to Defendant/Cross- Complainant Marc Milo Mandel's Requests...

Excerpt: ...Plaintiff”) contends this motion is untimely, “a default judgment entered against a defend ant who was not served with a summons in the manner prescribed by statute,” thus failing to establish personal jurisdiction over the defendant, “is void.” (Dill v. Bernquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) Pursuant to Code of Civil Proc edure section 473, subdivision (d), the Court may “set aside any void judgment or order,�...

Excerpt: ...each of the implied covenant causes of action, and the Court sustained Defendant's demurrer to Plaintiff's Second Amended Complaint in its entirety, without leave to amend, thereby disposing of Plaintiff's remaining causes of action. Defendant argues that Plaintiff sought to recover its attorney fees under the operating agreements at issue in this action, thereby entitling Defendant to recover attorney fees, and Defendant's requested attorney fee...

Excerpt: ...t filed an opposition to Plaintiff's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an oppo sition can be considered a concession that the motion is meritorious. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Legal Standard The purpose of a motion for summary judgme...

Excerpt: ...to Respond to Form Interrogatories, Set One is GRANTED. Plaintiff John Tebbens shall serve code -compliant responses to Defendant Michael B. Gerhardt, M.D.'s Form Interrogatories , Set One, without objections, within thirty (30) days of entry of this order. Defendant Michael B. Gerhardt, M.D.'s Motion to Compel Plaintiff, John Tebbens to Respond to Request for Production of Documents, Set One is GRANTED. Plaintiff John Tebbens shall serve code -c...

Excerpt: ...ne Gretzky and Janet Gretzky to give notice. REASONING Request for Judicial Notice Defendants Wayne Gretzky and Janet Gretzky (“Defendants”) request judicial notice of the June 22, 2023, minute order in this action, and the August 1, 2023, minute order entered in Los Angeles Superior Court Case No. 22SMCV02110 (Mahajan v. Gretzky). Defen dants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Errata Plaintiff's First...

Excerpt: ... this action, and gave Plaintiff's name to other individuals. The motion does not include a proof of service upon Defendant, and while Plaintiff filed a proof of service on February 16, 2024, indicating that the motion was served by mail, Defendant states that Plaintiff did not serve the motion. In the interest of judicial efficiency, the Court addresses the merits of the purported motions, given that Defendant has filed a substantive opposition ...

Excerpt: ...be Institute's Motion to Strike Portions of the First Amended Complaint is DENIED as MOOT. Defendant Providence Saint John's Health Center's Demurrer to Portions of Plaintiff's First Amended Complaint is SUSTAINED with thirty (30) days leave to amend as to the fifth and sixth causes of action. Defendant Providence Saint John's Health Center's Motion to Strike Portions of Plaintiff John Tebbens' First Amended Complaint is DENIED as MOOT. Plaintiff...

Excerpt: ...a Lapplander may amend their complaint only as authorized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendants 25016 Walnut, LLC and Newhall Bliss, LLC to give notice. REASONING At the outset, the Court notes that Plaintiffs Joshuanna Lapp Lapplander and Chebella Lapplander (“Plainti...

Excerpt: ...on. Defendants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendants move the Court to vacate Assignee of Record SMS Financial XI, LLC (“Assignee”)'s renewal of the 1994 judgment in this action or, alternatively, to stay enforcement of the judgment on the ground that Assignee is a terminated Arizona limited liability company that is not registered to do business in California and does not have a licen...

Excerpt: ...orized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant The Regents of the University of California to give notice. REASONING Defendant The Regents of the University of California (“Defendant”) demurs to each claim alleged in Plaintiff Janis Hoffman (“Plaintiff”)'s complaint...

Excerpt: ...al Interrogatories, Set One; Form Interrogatories - Employment Law, Set One; and Form Interr ogatories – General, Set One within twenty (20) days of entry of this order. The matters identified in Plaintiff Helena Vissing's Requests for Admission, Set One are deemed admitted against Defendant Antioch University as of the date of entry of this order . Plaintiff Helena Vissing's Request for Monetary Sanctions is GRANTED in the reduced amount of $9...

Excerpt: ...o Unlawful Detainer,” one said to be filed only by Defendant Sherman and the other said to be filed by both Defendants. Only one motion hearing reservation has been made, but the reservation is attached to both documents. Neither document includes proof of service of the motion upon Plaintiff John Oursland. However, in the interest of judicial efficiency, the Court addresses the merits of the purported motions, given that an opposition from Pla...

Excerpt: ...ING California Rules of Court, rule 3.1332(b), provides that “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations,” and the motion or application must be made “as soon as reasonably practical once the necessi...

Excerpt: ...B (2010) 185 Cal.App.4th 1018, 1023.) Defendant The People of the State of California, acting by and through the Department of Transportation, to give notice. REASONING Defendant The People of the State of California, acting by and through the Department of Transportation (“Caltrans”) demurs to the claims for negligence and premises liability alleged in Plaintiff Rafael Moreno Fregoso (“Plaintiff”)'s complaint on the grou nd that Caltrans...

Excerpt: ...Plaintiff Hedge Fund, Inc.'s Motion for Reconsideration for [sic] Ruling from April 12, 2023 for Diana Hajinazrarian [sic] Entry of Default from a Motion to Quash Filed; and that Plaintiff Is to File 3rd Amended Complaint Based on Tolling of Time that the Owner [of] the Stolen Funds Is Entitled to By Matter of Law is DENIED. Plaintiff Hedge Fund, Inc.'s Motion for Reconsideration of Order of May 10, 2023 and Order of May 12, 2023 is DENIED. Plain...

Excerpt: ...r adjudication as to Plaintiff David Carter (“Plaintiff”)'s claims for misappropriation in Plaintiff's First Amended Complaint (“FAC”) on the ground that Plaintiff's claims are barred by the statute of limitations. Request for Judicial Notice Defendants request judicial notice of seven court records filed in this action. While the Court need not take judicial notice of its own case file, Defendants' request is GRANTED pursuant to Evidence...

Excerpt: ...ions, within thirty (30) days of entry of this order. Plaintiff Wilshire Quinn Income Fund Reit, LLC's Request for Monetary Sanctions is GRANTED in the reduced amount of $1,320, payable by Defendant Victor Lossi and defense counsel to Plaintiff Wilshire Quinn Income Fund Reit, LLC and Plaintiff's counsel with in thirty (30) days of entry of this order. Plaintiff Wilshire Quinn Income Fund Reit, LLC shall pay a second motion filing fee of $60 with...

Excerpt: ...Second Amended Complaint (“SAC”). At the outset, the Court notes that it has not considered Defendant's “Response to Plaintiff's Separate Statement of Additional Material Facts,” as this document is a reply separate statement not authorized by statute, and Defendant failed to seek leave of court to file such a document. (See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252 [“There is no provision in the statute for” incl...

Excerpt: ...the reduced amount of $1,860, payable by Defendant Hessam Arashfar and defense counsel to Plaintiff Yeying Zhou and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff Yeying Zhou to give notice. REASONING Plaintiff Yeying Zhou (“Plaintiff”) moves the Court for an order compelling Defendant Hessam Arashfar (“Defendant”) to provide further responses and documents to Plaintiff's Requests for Production of Documents...

Excerpt: ...(30) days leave to amend. Plaintiff Kyle Madison may amend his complaint only as authorized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4 th 1018, 1023.) Defendants Mega Solutions, Inc. and Gal David Halabi to give notice. REASONING Defendants Mega Solutions, Inc. and Gal David Halabi (“Defendants”) ...

Excerpt: ...r settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of t he settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6.) Defendant Jonathan Bolerjack (“Defendant”) moves the Court for an order deeming his written settlement agreement with Plai...

Excerpt: ... (“Defendant”) moves for summary judgment or adjudication as to Plaintiff Arianna Libera (“Plaintiff”)'s claims for negligence and violation of Business and Professions Code section 17200 alleged against Defendant in the third, sixth, and seventh causes of action in Plaintiff's First Amended Complaint (“FAC”). Request for Judicial Notice Plaintiff requests judicial notice of the California Department of Real Estate License History Cer...

Excerpt: ... (2010) 185 Cal.App.4t h 1018, 1023.) Defendant FlipKey LLC to give notice. REASONING Request for Judicial Notice Defendant FlipKey LLC (“Defendant”) requests judicial notice of the complaint filed in Case No. 21STCV29429 (Seeler v. Booking.com B.V.) and the allegation therein that “[t]he subject property had been booked through Defendant Booking.com B.V.'s website.” Defendant's request is GRANTED pursuant to Evidence Code section 452, su...

Excerpt: ... section 877.6 enables a settling defendant to free itself not only from any further claims of the plaintiff but also from any subsequent liability to any non -settling defendant for equitable comparative contribution, or partial or c omparative indemnity. A settling defendant obtains this immunity by settling in “good faith.” Code of Civil Procedure section 877.6, subdivision (b), provides that the court may determine the good faith of a set...

Excerpt: ...add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Invasix, Inc. dba InMode to give notice. REASONING Defendant Invasix, Inc. dba InMode (“Defendant”) demurs to Plaintiffs Suzanne Swerner and Hana Sabour (“Plaintiffs”)'s fifth cause of action for fraud and ninth cause of action for intentional infliction of emotional distress, and ...

Excerpt: ... the reduced amount of $510.00, payable by Defendant Joe Sherman to Plaintiff John Oursland and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff John Oursland's Motion to Compel Defendant Catherine Bampoky's Compliance with Requests for Production of Documents, Set One is GRANTED. Defendant Catherine Bampoky shall provide code - compliant responses, without objections, to Plaintiff John Oursland's Requests for Product...

Excerpt: ... Sherman to Plaintiff John Oursland and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff John Oursland's Motion to Deem Requests for Admission, Set One as Admitted [Against Defendant Catherine Bampoky] is GRANTED. The matters in Plaintiff John Oursland's Requests for Admission, Set One, are deemed admitted against Defendant Catherine Bampoky as of the date of entry of this order. Plaintiff John Oursland's Request for ...

Excerpt: ...intiff James Won (“Plaintiff”)'s claims for breach of implied warranty and breach of express warranty. Plaintiff has not filed an opposition to Defendant's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an opposition can be considered a concession that the motion is meritorious. ...

Excerpt: ...to FGMK, LLC, Defendant's outside accountants, seeking all communications, written agreements, financial statements, and supporting documents from various periods, starting on January 1, 2018, and ending on October 1, 2023. Defendant argues that the documents were prepared under specific privileges, are unrelated to Plaintiff's claims, and go beyond the scope of the issues in this action. Defendant also notes that it made written objections when ...

Excerpt: ...ton (“Petitioner”)'s claim is based; and Mercury Insurance's Claim for Damages, received by the City on September 16, 2022, arising from the March 22, 2022, motor vehicle accident upon which Petitioner's claim is based. The City's request is DENIED, as there is no basis to t ake judicial notice of these documents. (See Petricka v. Department of Motor Vehicles (2001) 89 Cal.App.4th 1341, 1345, fn. 1 [“it would have been improper for the cour...

Excerpt: .... REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters ou tside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declara...

Excerpt: ...ction and the default, despite his knowledge that Defendant was represented by counsel, Defendant did not receive mail at the subject premises, and the default is void because Defendant was not properly served with the summons and complaint. In the event service did not result in notice of the action to a party, section 473.5 of the Code of Civil Procedure, subdivision (a), provides, in relevant part: When service of a summons has not resulted in...

Excerpt: ...ex parte application under the rules in chapter 4 of this division, with supporting declarations,” and the motion or application must be made “as soon as reasonably practical once the necessity for the continuance is discovered.” Rule 3.1332(c) of the California Rules of Court provides the “[c]ircumstances that may indicate good cause” to continue the trial, and rule 3.1332(d) provides “the facts and circumstances that are relevant to...

Excerpt: ...ion of non-military service or proposed judgment as required by rule 3.1800(a) of the California Rules of Court. If Plaintiff believes he is relieved from this requirements, he must provide the Court with authority so stating. Second, the Court requires a declaration describing the costs sought in the memorandum of costs so the Court may determine whether the requested amounts are for reasonably necessary costs. (Code Civ. Proc., § 1033.5, subd....

Excerpt: ...edic surgeon Clive Segil, M.D., on the grounds that Plaintiff has claimed orthopedic injuries and ongoing mental and emotional injuries, and due to the passage of time, a second physical examination is necessary. Plaintiff has refused to appear for a second examination, and she opposes the motion on the ground that the City's motion is actually a thinly veiled motion to continue trial, the City delayed in inquiring about a second physical examina...