Excerpt: ...ulevard, Suite 1929, Encino, California 91436. The examination shall comply with the perameters set forth in Defendants' Amended Demand for Psychiatric Examination of Plaintiff Maria Moreno filed with the Court on June 9, 2023. Defendants Centaurus Management Company, LLC; Henry Ixamparic; and Miguel Martinez's Motion for Order for Mental Health Records [as to Perry Maloff, M.D.] is taken off calendar. Defendants Centaurus Management Company, LLC...

Excerpt: ...8 after the Court issued its minute order on June 21, 2023, and signed an order on June 30, 2023, denying Petitioner's request for an order relieving him from Government Code section 945.4 after Respondents County of Los Angeles (“the County”) and City of Beverly Hills (“the City”) denied Petitioner's request for leave to present a late claim beyond the deadline set forth in Government Code section 911.2. The County has filed an objection...

Excerpt: ...ive Labs Inc. PROOF OF SERVICE: OK CONDITIONS: 1. Associated with California Attorney: Eric D. Martin of Bryan Cave Leighton Paisner LLP 2. Verified declaration: Yes 3. Service on State Bar at SF Office: Yes 4. Payment of $50 fee to State Bar: Yes 5. Good standing and not currently suspended/disbarred: Yes 6. Number of other Calif. appearances in last 2 years: None 7. Residence Address: (1) Hugh Ruston Comley: 54 Cascades Circle West, Clinton, MS...

Excerpt: ...nica Community College District and Susan Fila (“Defendants”) request judicial notice of the transcript from the September 13, 2023, hearing in this action, relating to Defendants' current demurrer. Defendants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Legal Standard “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A dem...

Excerpt: ... the amount of $3,960.00. Defendants Via Marina Tahiti Homeowners Association, Devon Britton, Jesse Hernandez, Mary Hewitt, and Michael Higgins to give notice. REASONING Defendants Via Marina Tahiti Homeowners Association, Devon Britton, Jesse Hernandez, Mary Hewitt, and Michael Higgins (“Defendants”) move to strike portions of Plaintiff Lawrence Silver (“Plaintiff”)'s complaint, specifically the entirety of paragraph 14; the entirety of ...

Excerpt: ... Civil Procedure section 418.10, subdivision (a)(1), provides that a defendant may move to quash service of summons on the ground of lack of jurisdiction of the court over him. Defendants Niles Forester and Niles Forester Music Inc. move to quash service of the summons and complaint upon them on the ground that Plaintiff Erin Hughes (“Plaintiff”) failed to serve Defendants in a code-complaint manner. The proofs of service filed on the docket ...

Excerpt: ...asquez (“Plaintiffs”)'s claims for fraud – falsification of medical records, negligence – medical malpractice, and negligent infliction of emotional distress against her. Plaintiffs have 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 ...

Excerpt: ... Set One, within five (5) days of entry of this order. (Code Civ. Proc., §§ 2030.260, subd. (b); 2031.260, subd. (b).) Defendant Andrea Bari's Request for Monetary Sanctions is GRANTED in the reduced amount of $900, payable by Plaintiff Jerome Nash d/b/a Golden State Landmark to Defendant Andrea Bari and defense counsel within five (5) days of entry of this order. Defendants Andrea Bari to give notice. REASONING Defendant Andrea Bari (“Defend...

Excerpt: ...etent and lacked capacity and provided detailed information to support such statements, and the motion was sealed. Shannon now seeks to use this information, which may include references to medical records and reports, in a pending trust action wherein Shannon contends Decedent was under undue influence or lacked capacity when the testamentary documents were executed. (Mot., Martin Decl. ¶¶ 2, 10, 14.) Defendant Josette LeRoy (“LeRoy”), who...

Excerpt: ...er 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 Brian Weiner and Excel Global Family Office, Inc. to give notice. REASONING Defendants Brian Weiner and Excel Global Family Office, Inc. (“Defendants”) demur to each of the six causes of action set forth in Plaintiff Arden Silverman dba Capital Ass...

Excerpt: ...aims against Defendant Albert Lai, M.D. Defendants The Regents of the University of California, Andrew Hudson, M.D., Linda Liau, M.D., and Albert Lai, M.D. to give notice. REASONING Defendants The Regents of the University of California, Andrew Hudson, M.D., Linda Liau, M.D., and Albert Lai, M.D. move the Court for an order granting summary judgment in their favor and against Plaintiff Richard Zajac (“Plaintiff”). First, the Court notes that ...

Excerpt: ...ith Case No. 23SMCV01485 (Fortino Olivera Mendez v. Los Angeles County Metropolitan Transportation Authority) serving as the lead case. All future filings shall be made in Case No. 23SMCV01485 (Fortino Olivera Mendez v. Los Angeles County Metropolitan Transportation Authority). Defendant Los Angeles County Metropolitan Transportation Authority to give notice. REASONING The trial court has discretion to consolidate actions involving common questio...

Excerpt: ...urt, rule 3.1320(j).) Cross-Defendant Guardian Industries, LLC to give notice. REASONING Request for Judicial Notice Cross-Complainant/Cross-Defendant Glassfab Tempering Service, Inc. (“Glassfab”) requests judicial notice of Plaintiff CLPF-8777 Washington, L.P. (“Plaintiff”)'s complaint, Defendant/Cross-Complainant Walters & Wolf Glass Company's cross-complaint, and the Court's order dated June 16, 2023. While the Court need not take judi...

Excerpt: ...).) 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 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 no...

Excerpt: ...).) 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 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 no...

Excerpt: ...d permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Guven Uzun to give notice. REASONING Defendant Guven Uzun (“Defendant”) moves the Court for an order striking the portions of Plaintiff Casper Glenn (“Plaintiff”)'s complaint seeking civil penalties against Defendant on the ground that Plaintiff has not complied with the pre-filing notice and exhaustion requirements of the California Pri...

Excerpt: ...ly in the proof of issues common to both actions.” (Estate of Baker (1982) 131 Cal.App.3d 471, 485.) In deciding whether to consolidate actions, the Court generally considers the following factors: (1) timeliness of the motion, i.e., whether granting consolidation would delay the trial of any of the cases involved; (2) complexity, i.e., whether joining the actions involved would make the trial too confusing or complex for a jury; and (3) prejud...

Excerpt: ... Plaintiff J&C Global Holdings, Inc. shall file evidence that it is an active corporation in good standing within thirty (30) days of entry of this order, or Plaintiff's complaint will be dismissed, and its default will be entered as to Defendants NMS Fin Holdings, LLC, NMS Capital Advisors, LLC dba HB Securities, LLC, NMS Capital Group, LLC, and BDMGMT Partners, LLC's cross-complaint. Defendants NMS Fin Holdings, LLC, NMS Capital Advisors, LLC d...

Excerpt: ...r as Plaintiff also seeks monetary sanctions, the request is DENIED. Plaintiff Benjamin Avi Harris to give notice. REASONING Plaintiff Benjamin Avi Harris (“Plaintiff”) moves the Court for terminating sanctions again Defendant Arash Jahromi (“Defendant”) based on Defendant's failure to comply with his discovery obligations by failing to provide further discovery responses after a court order to do so and failure to appear for his depositi...

Excerpt: ... Summary Adjudication of Plaintiffs' First through Tenth Causes of Action is DENIED. Defendant Timothy Haldeman to give notice. REASONING Defendant Timothy Haldeman's Motion for Judgment on the Pleadings as to Plaintiff's Ninth Cause of Action for Elder Financial Abuse Defendant Timothy Haldeman (“Defendant”) moves for judgment on the pleadings as to the ninth cause of action in Plaintiffs Martha Kaplan, Steve Algert, and Cameron Brown (“Pl...

Excerpt: ...or Monetary Sanctions in the Amount of $840.00 (5) Motion to Compel Plaintiff John Tebbens' Responses to Request for Production of Documents and Things, Set Two and Request for Monetary Sanctions in the Amount of $840.00 Against Plaintiff John Tebbens (6) Motion to Compel Plaintiff, John Tebbens to Respond to Special Interrogatories, Set One, and Request for Monetary Sanctions Against Plaintiff, John Tebbens, in the Amount of $480 for His Misuse ...

Excerpt: ...�� (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 outside 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 declarations, matters not subject to judicial notice, or documents not accepted for the truth of th...

Excerpt: ...change of the Automobile Club to give notice. REASONING Insurance Code section 11580.2, subdivision (f), provides that disputes regarding the amount payable under underinsured motorist coverage are to be resolved by arbitration. The statute further states: The arbitration shall be deemed to be a proceeding and the hearing before the arbitrator shall be deemed to be the trial of an issue therein for purposes of issuance of a subpoena by an attorne...

Excerpt: ...ts”), Jessica Luchenta (“Luchenta”), and Robert Weiler (“Weiler”) (collectively “the UC Defendants”) specially move to strike every cause of action in Plaintiff Jordanne Ho-Shue (“Plaintiff”)'s complaint pursuant to Code of Civil Procedure section 425.16 on the ground that Plaintiff's claims arise out of the UC Defendants' exercise of the right to free speech and petition in connection with a public issue, and because it is unli...

Excerpt: ...ated to the ice packs and wound care provided to Plaintiff by Defendant was, to a reasonable degree of medical probability, appropriate and within the applicable standard of care in the community, and no negligent act or omission by Defendant was the cause of, or a substantial factor in causing, Plaintiff's alleged injuries. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanis...

Excerpt: ...ung (“Plaintiff”) to submit to arbitration on the ground that Plaintiff entered into a Retail Installment Sales Contract, wherein she agreed to arbitrate all claims relating to the condition of the 2021 Toyota Mirai at issue in this action. Defendant argues that the contract includes a valid arbitration provision, equitable estoppel prevents Plaintiff from avoiding this provision where her claims are intimately founded in and intertwined with...

Excerpt: ...otice of the Resolution of the Board of Directors of California Massage Therapy Council, adopted on September 6, 2017. Defendants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendants move for judgment on the pleadings as to Plaintiff Jeffrey Laham (“Plaintiff”)'s single cause of action for general negligence on the ground the claim is barred by the statute of limitations set forth in Code of Civil Pr...

Excerpt: ...any and defense counsel to Plaintiff David Katzoff and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff David Katzoff's Motion to Compel Responses to Special Interrogatories, Set Two is GRANTED. Defendant Michael Shair Kamrany shall provide code compliant responses to Plaintiff David Katzoff's Special Interrogatories, Set Two, within thirty (30) days of entry of this order. Plaintiff David Katzoff's Request for Moneta...

Excerpt: ...s-complaint in Los Angeles Superior Court Case No. 20STCV02913 (Carter v. Zuma Partners), the cross-complaint in that action, and the complaint in the present action. Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Defendant also requests judicial notice of the proof of service for the cross-complaint in Case No. 20STCV02913 and the proof of service for the complaint in the present action. Defendant's reques...

Excerpt: ...equests judicial notice of the Statement of Information for Samsung C&T America, Inc., filed with the California Secretary of State on April 19, 2023. Samsung's request is GRANTED, pursuant to Evidence Code section 452, subdivision (h). Defendant/Cross-Complainant Mycotoo, Inc. (“Mycotoo”) requests judicial notice of Plaintiff Ashton Kennedy, a minor, by his Guardian ad Litem, Robert Kennedy (“Plaintiff”)'s complaint in this action, Mycot...

Excerpt: ...on of Alaian R'bibo, filed in support of Plaintiff Julia Hakim (“Julia”)'s opposition to this same motion on August 18, 2023. Michael's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendant Michael Hakim and Plaintiff/Cross-Defendant Papillones, LLC move the Court for an order disqualifying Defendant Julia Hakim and Defendant/Cross-Complainant Said Hakim (“Said”)'s counsel Allen Matkins Leck Gamble ...

Excerpt: ...st Amended Cross-Complaint within ten (10) days of entry of this order. (Cal. Rules of Court, rule 3.1320(j).) Plaintiff/Cross-Defendant Law Office of Fari Bari Nejadpour and Cross-Defendants Fari Bari Nejadpour, LA Law, Inc., Law Offices of LA Law Inc. APC, and Nejadpour & Associates to give notice. REASONING The court may, upon motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper ma...

Excerpt: ...ns Notice dated April 1, 2023. While the document provided is merely a summary of certain provisions, Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (h). Analysis “[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 ma...

Excerpt: ...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 plaintiff's c...

Excerpt: ..., and the full case docket from the same action. Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Code of Civil Procedure section 1710.40, subdivisions (a) and (b), allows a judgment debtor to make a noticed motion to vacate the entry of judgment on a sister state judgment “on any ground which would be a defense to an action in this state on the sister state judgment” no less than 30 days after s...

Excerpt: ...laint in Los Angeles Superior Court Case No. 23SMUD01004, and the unlawful detainer stipulated judgment from the same action. Plaintiff's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendants Danyel Benhaghnazar and Stella Yaghoubzadeh (“Defendants”) move the Court for an order dismissing this action on the ground that this action was settled. Defendants point to a stipulated judgment entered in “the...

Excerpt: ...r an order bifurcating the issues of the applicable statutes of limitation before trying the issues of liability or damages. In the Court's July 28, 2023, ruling denying Defendants' motion for summary judgment, the Court stated that the issue of tolling based on purported fraud was a matter for the trier of fact to determine. (Order dated July 28, 2023, at p. 4.) Defendants argue that severance of a statute of limitations defense is mandatory pur...

Excerpt: ...(“Defendant”) on the ground that Plaintiff is entitled to attorney fees pursuant to Penal Code section 496, subdivision (c), because the jury found Defendant liable to Plaintiff for theft by false pretenses. Defendant has not filed an opposition to the motion. Penal Code section 496, subdivision (c), provides that “[a]ny person who has been injured by a violation of subdivision (a) or (b),” the statutory provisions making theft unlawful, ...

Excerpt: ...d 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 plaintiff's claim is clear, but under substantive law, no liability exis...

Excerpt: ...e 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 Butler Cabana LLC to give notice. REASONING Defendant Butler Cabana LLC (“Defendant”) moves for judgment on the pleadings as to Plaintiffs Alan Roberts and Lauren Roberts (“Plaintiffs”)'s third cause of action for nuisance, fifth cause of action for breach of contrac...

Excerpt: ...competent and lacked capacity and provided detailed information to support such statements, and the motion was sealed. Shannon now seeks to use this information, which may include references to medical records and reports, in a pending trust action wherein Shannon contends Decedent was under undue influence or lacked capacity when the testamentary documents were executed. (Mot., Martin Decl. ¶¶ 2, 10, 14.) Defendant Josette LeRoy (“LeRoy”),...

Excerpt: ...e 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 plaintiff's claim is clear, but under substantive law, no liability exists and no amendment would change the resu...

Excerpt: ...gainst Cross-Defendant/Cross- Complainant Old Republic Surety Company in connection with Contractor's License Bond, Bond No. GCL5934911 discharged. Upon the deposit of $13,250, the Court awards Cross-Defendant/Cross-Complainant Old Republic Surety Company reasonable attorney fees and expenses in the sum of $1,750 as allowance for costs and expenses incurred in this proceeding. Cross-Defendant/Cross-Complainant Old Republic Surety Company to give ...

Excerpt: ... Davidson Hotel Company LLC to give notice. REASONING Code of Civil Procedure section 2032.310, subdivision (a), provides that “[i]f any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” “A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, sc...

Excerpt: ...ion Subpoena for Production of Business Records within thirty (30) days of entry of this order. Plaintiff's Request for an Award of Attorney's Fees and Costs is DENIED. Plaintiff The Folb Partnership, GP to give notice. REASONING A party may obtain discovery pursuant to a deposition subpoena that commands the production of business records for copying. (Code Civ. Proc., §§ 2020.010, subd. (a)(1), 2020.410.) If a nonparty disobeys a deposition s...

Excerpt: ...to only those topics stated in Category Nos. 1 to 5, 9, 14, and 16. In all other respects, Plaintiffs' motion is DENIED. Plaintiffs Sean Towns and Kesia Carter to give notice. REASONING Plaintiffs Sean Towns and Kesia Carter (“Plaintiffs”) move the Court for an order compelling Defendant General Motors LLC (“Defendant”)'s Person Most Knowledgeable (“PMK”) to appears for deposition. Plaintiffs represent that they served a notice of dep...

Excerpt: ...man (“Defendant”), which provides that Defendant is to pay Plaintiff $50,000 in full, at no less than $1,000 per month. (See Pl.'s Ex Parte Application dated Aug. 3, 2023, Ex. A.) Defendant opposes the motion on the ground that the parties' agreement required the parties to execute a long form agreement, and Defendant has not signed such an agreement due to disputing several points with the agreement. “If parties to pending litigation stipu...

Excerpt: ...ed by the parties to date. Request for Judicial Notice Plaintiff requests judicial notice of (1) a Notice of Default against Defendants, (2) a Deed of Trust as to the property at 2959 North Beverly Glen Circle, (3) a Notice of Trustee's Sale in Plaintiff's favor, and (4) a Trustee's Deed Upon Sale, transferring title to the property in Plaintiff's favor. Plaintiff's request is GRANTED pursuant to Evidence Code section 452, subdivision (h). Plaint...

Excerpt: ...position is requested, Plaintiff requests that the deposition be taken by remote appearance. Defendant Richard Thurman (“Defendant”) opposes the motion on the ground that Plaintiff has no physical limitations, and Defendant has offered and will be providing accommodations. Plaintiff also takes issue with Defendant's presence at Plaintiff's deposition. “Before, during, or after a deposition, any party, any deponent, or any other affected nat...

Excerpt: ...nsurance coverage, but he later learned that no easement existed, Defendants were aware of this fact at the time of the sale, and Defendants failed to disclose this to Plaintiff. FAC [04-24-2023]: (1) breach of contract, (2) breach of fiduciary duty, (3) fraud and deceit, (4) negligent misrepresentation, (5) negligence. Defendant William S. Jensen bring a cross-complaint against First American Title Company for breach of contract and indemnity fo...

Excerpt: ... Group APC shall provide code compliant responses to Plaintiff Veritext LLC's Request for Production of Documents – Set One within thirty (30) days of entry of this order. Plaintiff Veritext LLC's Motion to Compel Defendant's, Sittler Law Group APC, Responses to Form Interrogatories is GRANTED. Defendant Sittler Law Group APC shall provide code compliant responses to Plaintiff Veritext LLC's Form Interrogatories within thirty (30) days of entry...

Excerpt: ...st Account. Plaintiff alleges that Shapiro disbursed $258,900 from the Trust Account to a third party without a court order and without Plaintiff's consent or knowledge. With additional funds in the Trust Account that did not belong to Plaintiff, and deducting spousal support payments authorized by Plaintiff, as well as $512,847.70 which was later delivered from the Trust Account, there remains the sum of $256,780.53 which is allegedly missing. C...

Excerpt: ...er Allan Law Group P.C. shall prepare, serve, and submit a proposed judgment as per statute. Petitioner Allan Law Group P.C. to give notice. Evidentiary Objections Respondents reject to two exhibits to Petitioner's petition. The subject exhibits were not material to the Court's ruling herein; thus, the Court declines to rule on Respondents' objections. DISCUSSION “Any party to an arbitration in which an award has been made may petition the cour...

Excerpt: ...ty, where they attacked Plaintiff, knocking her down and fracturing her left hip. TENTATIVE RULING Plaintiff Marcia Rosenthal's Motion to Compel the Deposition of Parham Sage is GRANTED. The deposition must take place within thirty (30) days of this order. Plaintiff Marcia Rosenthal's Request for Monetary Sanctions is DENIED. Plaintiff Marcia Rosenthal to give notice. DISCUSSION Plaintiff Marcia Rosenthal (“Plaintiff”) moves the Court for an ...

Excerpt: ...d into an agreement with Defendants Collision Craft, Inc. and Richard Jay Rogers for Defendants to lease the premises for five years plus an option pursuant to a written agreement, with a rental amount of $24,270, and on January 24, 2019, the parties entered into a written Second Addendum to the lease for another 60-month term with annual rent increases each July 1. Plaintiff served a 3-day notice to pay rent or quit and 3- and 10-day notices to ...

Excerpt: ...le Plaintiff protested, Defendants continued the procedure, causing Plaintiff emotional distress. Plaintiff alleges she withdrew consent when screaming in pain, and she lives in fear after the surgery. Complaint: (1) medical battery, (2) intentional infliction of emotional distress. TENTATIVE RULING Defendants Sono Bello and Debra Stafford, M.D.'s Demurrer to Plaintiff's Complaint is SUSTAINED, with thirty (30) days leave to amend. Plaintiff Thom...

Excerpt: ...mplaint: (1) violation of Song-Beverly Act – breach of express warranty, (2) fraudulent inducement – intentional misrepresentation, (3) fraudulent inducement – concealment. This Motion: Defendant Nissan North America, Inc.'s Motion to Compel Arbitration and Stay Proceedings is DENIED. TENTATIVE ORDER Defendant Nissan North America, Inc.'s Motion to Compel Arbitration and Stay Proceedings is DENIED. Defendant Nissan North America, Inc. to gi...

Excerpt: ...d into an agreement with Defendants Collision Craft, Inc. and Richard Jay Rogers for Defendants to lease the premises for five years plus an option pursuant to a written agreement, with a rental amount of $24,270, and on January 24, 2019, the parties entered into a written Second Addendum to the lease for another 60-month term with annual rent increases each July 1. Plaintiff served a 3-day notice to pay rent or quit and 3- and 10-day notices to ...

Excerpt: ...ty or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Malibu Dream Resort, LLC to give notice. REASONING Request for Judicial Notice Defendant Malibu Dream Resort, LLC (“Defendant”) requests judicial notice of a printout of search results from the City of Malibu operated map service and a printout of Google Maps showing Defendant's property location. ...

Excerpt: ... fifth cause of action for reckless and intentional infliction of emotional distress. Defendant Leslie Memsic, M.D. to give notice. REASONING Defendant Leslie Memsic, M.D. (“Defendant”) moves for summary adjudication of Plaintiff Deborah Davis' second cause of action for battery and fourth cause of action for defamation and Plaintiffs Deborah Davis and Richard Davis (“Plaintiff”)'s third cause of action for fraud and fifth cause of action...

Excerpt: ...ew 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 Radhika Vattikonda 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 ma...

Excerpt: ... party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subds. (b), (c).) Failure to timely respond waives all objections, including privilege and work product, unless “[t]he party has subsequently served a response that is in substantial compliance” and “[t]he party's failure to serve a timely r...

Excerpt: ...quest for Judicial Notice Plaintiff Xander Mozejewski (“Plaintiff”) requests judicial notice of the following facts: (1) Defendant Nicholas Terrafranca was issued a medical license by the State of California on June 18, 1986, and said license expired on June 30, 2003; (2) according to the UCLA “Graduate Programs in Bioscience” website, Defendant V. Reggie Edgerton is not a medical doctor but has received his Ph.D. in Exercise Physiology f...

Excerpt: ... Civil Transactions Law of the United Arab Emirates, Chapter Three, Section I, Article 298 and January 2, 2023, UEA, Federal Decree Law No. 42 of 2022 (The New Civil Procedures Law). Hill's request is GRANTED pursuant to Evidence Code section 452, subdivision (f). Analysis Hill moves the Court to dismiss Plaintiff Ashton Kennedy, a minor, by his Guardian ad Litem, Robert Kennedy (“Plaintiff”)'s and Defendant/Cross-Complainant Mycotoo, Inc. (�...

Excerpt: ...ovidence Saint John's Health Center's Demurrer to Plaintiff's [sic] First Amended Complaint is SUSTAINED, with thirty (30) days leave to amend. Defendant Providence Saint John's Health Center's Motion to Strike Portions of Plaintiffs' First Amended Complaint is DENIED as MOOT. Plaintiffs Marciela Javier, Uriel Javier, and Daniel Javier may amend their complaint only as authorized by the Court's order and may not amend the complaint to add a new p...

Excerpt: ...nd Cross-Defendant Allen Stephenson shall prepare, serve, and submit a proposed judgment as per statute. Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson to give notice. REASONING Request for Judicial Notice Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson (collectively “Cross-Defendants”) request judicial notice of a motion to quash in Los Angeles County Superior Court...

Excerpt: ...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 outside 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 declarations, matters not subject to judicial notice...

Excerpt: ... days after service of notice of the transfer order. Defendants David Leavitt, Kaci Vanderhoek, and Caroline Leavitt to give notice. REASONING Upon motion, the Court may change the place of trial “[w]hen the court designated in the complaint is not the proper court” or “[w]hen the convenience of witnesses and the ends of justice would be promoted by the change.” (Code Civ. Proc., § 397, subds. (a), (c).) Here, Defendants David Leavitt, K...

Excerpt: ...d Cross-Defendant Allen Stephenson shall prepare, serve, and submit a proposed judgment as per statute. Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson to give notice. REASONING Request for Judicial Notice Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson (collectively “Cross-Defendants”) request judicial notice of a motion to quash in Los Angeles County Superior Court ...

Excerpt: ...ndants”) are also directors on the board. (Compl. ¶¶ 3-6.) Plaintiff alleges that prior to the HOA meeting on October 12, 2022, Plaintiff received a Board packet which included a report about the HOA's balconies, and Plaintiff forwarded the report to the former president of the HOA, who posted the report on a private Facebook page in use by members of the HOA. (Compl. ¶¶ 12-13.) The HOA's counsel confronted Plaintiff about disclosing confid...

Excerpt: ...er 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 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 ...

Excerpt: ...City of Los Angeles Certificate of Occupancy as to 2219 Benecia Ave, Los Angeles, California 90064, dated February 27, 2020. Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (c). Legal Standard “[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 ple...

Excerpt: ... right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) A prevailing party is entitled to recover only those costs “necessarily incurred in the case” by that party or on that party's behalf in prosecuting or defending the action. (See Cal. Rules of Court, rule 3.1700(a); Code Civ. Proc., § 1033.5, subd. (c)(1).) The non-prevailing party may contest any items in the prevailing party's memorandum of costs...

Excerpt: ...ornia 91367. The examination shall comply with all limitations set forth in this order. Defendant Nicole Perzik to give notice. REASONING Defendant Nicole Perzik (“Defendant”) moves the Court for an order compelling Plaintiff Michelle Yun (“Plaintiff”) to attend her Independent Medical Examination (“IME”) on June 26, 2023. Defendant represents that Plaintiff and Defendant entered into a stipulation for Plaintiff to appear for an IME, ...

Excerpt: ...d the Los Angeles Municipal Code provides for a private right of action for damages, and GRANTED in part as to paragraphs 31 and 41, insofar as Plaintiffs seek punitive damages; and DENIED as MOOT as to paragraphs 18.3, 21, 22, 43.1 through 43.9, and prayer for relief paragraphs 1.1 through 1.9. Plaintiffs Thomas Schwartz and Lisa Schwartz may amend their complaint only as authorized by the Courts order and may not amend the complaint to add a ne...

Excerpt: ...018, 1023.) Defendants William Rahal, M.D. and Beverly Hills Aesthetic Corp dba Verona Plastic Surgety 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 outside the pleading that are judicially noticeable. (See Donabedian...

Excerpt: ...gh the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has ...