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...