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