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

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...