Excerpt: ... California (“Defendant”) moves to strike Plaintiff Robert Johnson, Individually and as Heir and Successor -in- Interest to Patricia Johnson, Deceased (“Plaintiff”)'s prayer for punitive damages against it. The Court first notes that Defendant reserved a hearing for a demurrer to the First Amended Complaint, but no such motion was filed with the Court. Thus, the demurrer is taken off calendar. Second, Plaintiff has not filed an opposition...

Excerpt: ...f $600.00, payable by Defendant Enedelia Leal Powers and defense counsel to Plaintiff Ocean Sunrise LLC and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff Ocean Sunrise LLC's Motion for Matters Being Deemed Admitted [Against Defendants Bonnie B. Flores and Christopher J. Flores] Pursuant to CCP § 2033.280 is DENIED as MOOT. Plaintiff Ocean Sunrise LLC's Request for Monetary Sanctions Against Defendants Bonnie B. Fl...

Excerpt: ...6, subdivision (c), which provides that “a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” Defendant moves for an order awarding it $105,170.05 in fees, which consists of 17 4.3 hours of work performed (1) reviewing and analyzing Plaintiff Philip Elghanian (“Plaintiff”)'s claims; (2) researching and analyzing the applicable case law to support Defendant's special...

Excerpt: ...Defendant John Chickanis 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.4th 968, 994 [in ruling on a dem...

Excerpt: ...laintiff Cynthia Galas's Demurrer to Affirmative Defenses Set Forth in Defendant Green Check Verified's Answer; Plaintiff Cynthia Galas's Demurrer to Affirmative Defenses Set Forth in Defendant GCV Ventures, LLC's Answer “A party against whom an answer has been filed may object, by demurrer as provided in [Code of Civil Procedure] [s]ection 430.40, to the answer upon any one or more of the following grounds: [¶] (a) The answer does not state f...

Excerpt: ...nts Jonah Nok Him Woo and Tommy Woo's Motion to Compel Response to Request for Production of Documents is GRANTED. Plaintiff Amaya Molina shall serve code -compliant responses to Defendants Jonah Nok Him Woo and Tommy Woo's Request for Production of Documents, Set One, without objections, within thirty (30) days of entry of this order. Defendants Jonah Nok Him Woo and Tommy Woo's Request for Monetary Sanctions is GRANTED in the reduced amount of ...

Excerpt: ...nvestments, LLC (“Plaintiff”) was not the initial owner or landlord under the l ease; at no time has Plaintiff given Defendants notice of a change in ownership; Plaintiff did not enter into a lease agreement with either Defendants; Plaintiff lacks standing to demand rent because a change of ownership was not provided under Civil Code 1962; and Plaintiff had previously declared that the lease was forfeited, such that Plaintiff is entitled only...

Excerpt: ...omplainant American Contractors Indemnity Company in connection with Contractor's License Bond, Bond No. 100710093 discharged. Upon the deposit of $23,000, the Court awards Defendant/Cross- Complainant American Contractors Indemnity Company reasonable attorney fees and expenses in the sum of $2,000 as allowance for costs and expenses incurred in this proceeding. Defendant and Cross-Complainant Old Republic Surety Company to give notice. REASONING...

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: ... 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: ...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: ...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: ...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: ... 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: ... 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: ...$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: ...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...