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: ...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: ... 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: ... 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: ...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: ...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: ... 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...