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...

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: ...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 ...