Excerpt: ...o triable issue of fact as to Plaintiff's right to immediate possession of the premises and a monetary judgment. Defendants Michael K. Obeng, M.D., PA, Inc. and Michael K. Obeng, M.D. (“Defendants”) have 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 failur...

Excerpt: ...ons of law or fact. (Code Civ. Proc., § 1048, subd. (a).) The purpose of consolidation is “to promote 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 ...

Excerpt: ...s purported medical necessity, despite Plaintiff having failed to provide any evidence of his medical status. The motions came on for hearing on October 26, 2023, and the Court continued the hearings once more after receiving a late filing from Plaintiff documenting his medical status. The Court exercises its discretion to continue the hearings set for the present date to January 12, 2024, as Plaintiff submits evidence of disability until January...

Excerpt: ...ambiz Rouhani to give notice. REASONING Defendants Rouhani Construction, Inc. and Kambiz Rouhani's Motion to Compel Response to Form Interrogatories, Set One; Request for Monetary Sanctions If a 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 al...

Excerpt: ...merican Title Insurance Company's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED with thirty (30) days leave to amend. Plaintiff Leon Thompson Jr. may amend his complaint only as authorized by the Court's order 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.) Moving parties to give notice. REASONING...

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: ...contract rescission, declaratory relief, unjust enrichment, and wrongful retention of security deposit. 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 opposition can be considered a concession that the motion is meritorious. (...

Excerpt: ...ays leave to amend. Defendant Debra Stafford, M.D.'s Motion to Strike Portions of First Amended Complaint is DENIED as MOOT. Plaintiff Thomasina White may amend her complaint only as authorized by the Court's order 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.) Moving parties to give notice. REASONING “[A] de...

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