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...

Excerpt: ...ants”) move the Court for an order granting summary judgment or adjudication in their favor as to Plaintiff Katie Burgess (“Plaintiff”)'s claims for premises liability, negligence, and negligent hiring, retention, and supervision. Plaintiff has not filed an opposition to Defendants' 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...

Excerpt: ...ndant/Cross-Complainant David Loomstein (“Defendant”) moves the Court for an order dismissing this action or, alternatively, requiring Plaintiff/Cross-Defendant The One Experience, LLC (“Plaintiff”) to file an undertaking to secure an award of costs in the amount of $46,535.00 on the ground that Plaintiff is a non-resident plaintiff. Plaintiff moves the Court for leave to substitute Flixcity Mgmt Inc. as the Plaintiff in this action pursu...

Excerpt: ... 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 result.” (Howard v. County of San Di...

Excerpt: ... REASONING Meet and Confer As an initial matter, the Court notes that Defendants Daniel Borenstein and German Quality Builders, LLC meet-and-confer efforts were sufficient, as Code of Civil Procedure section 430.41, subdivision (a), requires meeting and conferring “in person or by telephone.” Here, Defendants Daniel Borenstein and German Quality Builders, LLC advance the declaration of their counsel of record Karen E. Aldeman, Esq. Counsel Al...

Excerpt: ...f Civil Procedure Sections 2016.040 and 2024.050, subdivision (a). Here, Defendants Suzuki Motor Corporation and Suzuki Motor of America, Inc.'s counsel of record, Jordan S. Tabak avers he reached out to Plaintiff Hasid's counsel via email on December 5, 2023 regarding its request to reopen discovery. (Tabak Decl., ¶ 13.) Tabak further avers that Plaintiff Hasid's counsel never responded. (Id. at ¶ 14.) Therefore, Defendants Suzuki Motor Corpor...

Excerpt: ... days. (Code Civ. Proc., § 1167.3.) REASONING Defendant Lisa J. Gastineau (“Defendant”) demurs to Plaintiff Beverly Hills Properties, LLC (“Plaintiff”)'s complaint on the ground that Plaintiff did not serve the 3-Day Notice to Pay Rent or Quit in the manner required by Code of Civil Procedure section 1162, subdivision (a)(3), such that the complaint does not state facts sufficient to constitute a cause of action against Defendant. “[A]...

Excerpt: ...bian's Request to Continue Trial is DENIED. Defendant Galia Kassabian's Request for Monetary Sanctions is DENIED. Plaintiff LFT Holdings, LLC to give notice. REASONING Plaintiff LFT Holdings, LLC (“Plaintiff”) moves the Court for an order compelling Defendant Galia Kassabian (“Defendant”) to appear for her deposition in accordance with the deposition notices and continuances served on October 27, 2023, December 8, 2023, December 12, 2023,...

Excerpt: ...o Defendants for maintenance to resolve problems with mold in the bathroom sink, water intrusion, roach infestation, and asbestos concerns, among others, but Defendants did not resolve the issues, and Defendants filed an unlawful detainer action against Plaintiff. After being served with the complaint, Defendants GK Management Co., Inc., Goldrich Kest, LLC, Goldrich & Kest Industries, LLC, Dolphin Marina Ltd., and Goldrich, Kest, Hirsch & Stern, ...

Excerpt: ... Instrument No. 20220668506, recorded June 27, 2022, in the Records of Los Angeles County, Recorder's Office; Notice of Default, Instrument No. 20230133725, recorded on March 2, 2023, in the Records of Los Angeles County, Recorder's Office; Notice of Trustee's Sale, Instrument No. 20230363601, recorded June 5, 2023, in the Records of Los Angeles County, Recorder's Office; and Trustee's Deed Upon Sale, Instrument No. 20230595159, recorded Septembe...

Excerpt: ..., 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 it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the fa...

Excerpt: ... deposition and staying the deposition pursuant to Code of Civil Procedure section 2025.410, subdivision (c), and for a protective order that the deposition not be taken at this time pursuant to Code of Civil Procedure section 2025.420, subdivision (b). Code of Civil Procedure section 2025.410, subdivision (c), provides that in addition to serving a written objection to a notice of deposition, “a party may also move for an order staying the tak...

Excerpt: ...all provide supplemental responses to the identified requests for production within twenty (20) days of entry of this order. Plaintiff David Carter's Motion to Compel Defendants [sic] AI List Capital 1, LP's Further Responses to Requests for Production (Set 1) is GRANTED. Defendant AI List Capital 1, LP shall provide supplemental responses to the identified requests for production within twenty (20) days of entry of this order. Plaintiff David Ca...

Excerpt: ...ation shall file and serve an answer to Plaintiffs Samuel Korn and Aliza Korn's Complaint within ten (10) days of entry of this order. (Cal. Rules of Court, rule 3.1320(j).) Defendant Park Plaza Condominiums Homeowners Association to give notice. REASONING Defendant Park Plaza Condominiums Homeowners Association (“Defendant” or “the HOA”) demurs to all causes of action in Plaintiffs Samuel Korn and Aliza Korn (“Plaintiffs”)'s complain...

Excerpt: ... days leave to amend. Defendant Abigail Elizabeth Beggs, M.D.'s Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED with twenty (20) days leave to amend. Defendant Abigail Elizabeth Beggs, M.D.'s Motion to Strike Portions of Plaintiff's [sic] Second 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 compl...

Excerpt: ..., which states that “[a] record must not be filed under seal without a court order.” Again, there is no pending application or motion to seal from any party, simply a notice of lodging confidential materials, despite the requirement, pursuant to rule 2.551(b)(1) of the California Rules of Court, that “[a] party requesting that a record be filed under seal must file a motion or an application for an order sealing the record,” and “[t]he ...

Excerpt: ...ssued in Case No. 22SMCV01311 (Kapa Investment v. Collision Craft, Inc.). Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendant Collision Craft, Inc. (“Defendant”) moves for judgment on the pleadings as to all causes of action in Plaintiff Kapa Investment (“Plaintiff”)'s complaint on the ground the claims at issue in this action are barred by res judicata. Defendant also argues that the ...

Excerpt: ...Los Angeles Superior Court Case No. 22SMCV00465 (Bradmore Lincoln, LLC v. Clare Foundation, Inc.), a request for dismissal with prejudice of that action, a notice of settlement in that action, and a notice of ruling dated November 8, 2022 in that action. Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). The Court notes that it only takes “judicial notice of the truth of facts asserted in documents such as or...

Excerpt: ....App.4th 1018, 1023.) 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 outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 99...

Excerpt: ...023.) Defendant Malibu Dream Resort, LLC to give notice. REASONING Request for Judicial Notice Plaintiff Shabana Arman (“Plaintiff”) requests judicial notice of two Los Angeles County ordinances. Plaintiff's request is GRANTED pursuant to Evidence Code section 452, subdivision (b). 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 demurr...

Excerpt: ... of a minute order granting Defendant's motion to compel arbitration in an Orange County Superior Court action (Case No. 30-2022-01269688-CU-BC-NJC) (Prime Healthcare Huntington Beach LLC v. Oscar Health Plan of California). Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendant moves for an order compelling Plaintiff Curative Labs Inc. (“Plaintiff”) to submit its first, second, and third cau...

Excerpt: ... (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 it is a rare case in which denial of leave to amend can be justified. Leave to amend should be...

Excerpt: ...mended Complaint 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 i...

Excerpt: ... 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 Gregory Meguerian; John Meguerian; Yvette Christina Hernandez; Patrick Bon; Elevated Investment Group, Inc.; and The Reefinery, Inc.to give notice. REASONING Defendants Gregory Meguerian; John Meguerian; Yvette Christina Hernandez; Patrick Bon; New Line Jeopardy, LLC; Elevated Investm...

Excerpt: ...�) on the ground that a substantial probability exists that Plaintiff will prevail on his claims for punitive damages against these defendants. Civil Code section 3295, subdivision (c), provides that no pretrial discovery by a plaintiff into the financial condition of the defendant shall be permitted unless the Court enters an order permitting such discovery. “Upon motion by the plaintiff supported by appropriate affidavits and after a hearing,...

Excerpt: ...eys' Fees is DENIED without prejudice. Defendant Sprout Mortgage, LLC may file a separately noticed motion for attorney fees and costs as to these motions. Plaintiffs Shahram Jeff Javidzad and Monica Nourman Javidzad, individually and as Co-Trustees of the JM Javidzad 2008 Trust dated September 18, 2008's Motion to Enforce Settlement Agreement Pursuant to Code of Civil Procedure section 664.6 and for an Award of Fees and Costs is DENIED. Defendan...

Excerpt: ...ital Group, LLC and second cause of action for breach of guaranty against Defendant Gary Reed Enterprises, Inc. Defendants Reed Capital Group, LLC and Gary Reed Enterprises, Inc. (“Defendants”) oppose the motion and argue there are triable issues as to these claims. The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, ...

Excerpt: ...netary judgment. Defendant Brittne Allen (“Defendant”) has not 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 opposition can be considered a concession that the motion is meritorious. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, ...

Excerpt: ...mote trial convenience and economy by avoiding duplication of procedure, particularly 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 action...

Excerpt: ... Plaintiff Adriana Fadlallah's Motion for Order Compelling Further Responses to Form Interrogatories is GRANTED. Defendant Robert McKee shall provide code-compliant responses to all requests identified as “at issue” in the motion, without objections except as to attorney work product and attorney-client privilege, with an accompanying privilege log if so invoked, within thirty (30) days of entry of this order. Plaintiff Adriana Fadlallah's Mo...

Excerpt: ...ry of the Court's order. Plaintiff may only amend the pleading as to the causes of action pled in the First Amended Complaint; Plaintiff may not amend the complaint to add a new party or cause of action without filing a motion for leave to amend for the Court's consideration. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendants Vladimir Valsky and VIG Private Lending, Inc. to give notice. REASONING Currently pending be...

Excerpt: ...h an issue of public interest, and Plaintiff cannot demonstrate a likelihood of success on his claims. In the complaint, Plaintiff alleges he is a former DJ operating under the name “White Lightning,” Defendant is a club promotor, and together Plaintiff and Defendant were business partners who worked together for 17 years promoting and producing events at club venues in Los Angeles, where Plaintiff would perform as the featured DJ. (Compl. ¶...

Excerpt: ...thin twenty (20) days of entry of this order. Plaintiff's request for sanctions is DENIED. Plaintiff Carol Steiner, individually, and as Successor Trustee of the Edward F. Hustedt and Eleanor Vallee Hustedt Trust dated October 20, 1991, also known as the Hustedt Inter Vivos Trust U/D/T 10/20/91, and of all Sub-Trusts thereunder, to give notice. REASONING A party may obtain discovery pursuant to a deposition subpoena that commands the production o...

Excerpt: ...section 1293.2 and the attorney fees clause in the retainer agreement with Respondents. In its reply, Petitioner revises its requested amount to $33,414.60. On August 23, 2023, the Court issued an order granting in part and denying in part Petitioner's Petition to Confirm Contractual Arbitration Award, thereby confirming the petition consistent with the Initial Arbitration Award dated March 29, 2023, and Order Correcting Arbitration Award dated A...

Excerpt: ...ing parties to give notice. REASONING Defendant Corina Godoy-Farias, LVN's Motion for Summary Judgment, or in the Alternative, Summary Adjudication Defendant Corina Godoy-Farias, LVN (“Defendant Nurse Godoy-Farias”) moves the Court for an order granting summary judgment or adjudication in her favor as to Plaintiffs Ricardo Vasquez and Fidela Vasquez (“Plaintiffs”)'s claims for fraud – falsification of medical records, negligence – med...

Excerpt: ...order. Defendant MAPFRE Insurance Company's request for monetary sanctions is DENIED. Defendant MAPFRE Insurance Company shall pay eleven (11) additional filing fees of $60 within ten (10) days of entry of this order. Defendant MAPFRE Insurance Company to give notice. REASONING As a preliminary matter, the Court notes that Defendant MAPFRE Insurance Company (“Defendant”) has filed twelve motions as one, that is, two motions to compel response...

Excerpt: ...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 Samuel Luke Llaneras to give notice. REASONING Defendant Samuel Luke Llaneras (“Defendant”) demurs to the third cause of action for fraud in Plaintiff Alex Hakimfar (“Plaintiff”)'s complaint and moves to strike Plaintiff's claims and prayer for punitive or exemplary damages. Pla...

Excerpt: ...NING Plaintiff American Express National Bank (“Plaintiff”) moves the Court for an order vacating the dismissal of this action and entering judgment against Defendant Randall Emmett (“Defendant”) in the amount of $250,964.24, which includes the remaining principal of $250,401.24 plus $563.00 in costs. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the co...

Excerpt: ... DENIED as MOOT. Defendants shall prepare, serve, and submit a proposed judgment as per statute. Moving parties to give notice. REASONING Defendants Mark Konopaske and Ann Wisniewski's Demurrer to Fourth Amended Complaint; Defendant County of Los Angeles' Demurrer to Plaintiff's Fourth Amended Complaint In her Fourth Amended Complaint (“4AC”), Plaintiff Rhonda Jessum (“Plaintiff”) alleges two claims for quiet title, one against “Public ...

Excerpt: ... First Amended Complaint within five (5) days of entry of this order. (Code Civ. Proc., § 1167.3.) Defendants Katherine Roshodesh and Solomon Roshodesh 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 p...

Excerpt: ...endant/Cross-Complaint Qian “Caroline” Wang to give notice. REASONING Request for Judicial Notice Defendant/Cross-Complaint Qian “Caroline” Wang (“Defendant”) requests judicial notice of the Court's July 8, 2021, minute order, as to Defendant's demurrer to Plaintiff/Cross-Defendant David Weijian Su (“Plaintiff”)'s complaint, the Court's July 7, 2022, minute order as to Plaintiff's demurrer to Defendant's cross-complaint, the Court...

Excerpt: ...endant/Cross-Complaint Qian “Caroline” Wang to give notice. REASONING Request for Judicial Notice Defendant/Cross-Complaint Qian “Caroline” Wang (“Defendant”) requests judicial notice of the Court's July 8, 2021, minute order, as to Defendant's demurrer to Plaintiff/Cross-Defendant David Weijian Su (“Plaintiff”)'s complaint, the Court's July 7, 2022, minute order as to Plaintiff's demurrer to Defendant's cross-complaint, the Court...

Excerpt: ...Petitioners Zalman Nemtzov and Zalman N., Inc. (“Petitioners”) petition the Court for an order confirming the arbitration award dated July 13, 2023, which awarded Petitioners the total sum of $318,444.65, consisting of $98,750 for foundation work provided to Respondents Paul Kambur and Kambur Construction Group, Inc. (“Kambur Construction”) (collectively “Respondents”), $95,000 for a violation of Business and Professions Code section ...