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

Excerpt: ... Davidson Hotel Company LLC to give notice. REASONING Code of Civil Procedure section 2032.310, subdivision (a), provides that “[i]f any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” “A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, sc...

Excerpt: ...ion Subpoena for Production of Business Records within thirty (30) days of entry of this order. Plaintiff's Request for an Award of Attorney's Fees and Costs is DENIED. Plaintiff The Folb Partnership, GP to give notice. REASONING A party may obtain discovery pursuant to a deposition subpoena that commands the production of business records for copying. (Code Civ. Proc., §§ 2020.010, subd. (a)(1), 2020.410.) If a nonparty disobeys a deposition s...

Excerpt: ...to only those topics stated in Category Nos. 1 to 5, 9, 14, and 16. In all other respects, Plaintiffs' motion is DENIED. Plaintiffs Sean Towns and Kesia Carter to give notice. REASONING Plaintiffs Sean Towns and Kesia Carter (“Plaintiffs”) move the Court for an order compelling Defendant General Motors LLC (“Defendant”)'s Person Most Knowledgeable (“PMK”) to appears for deposition. Plaintiffs represent that they served a notice of dep...

Excerpt: ...man (“Defendant”), which provides that Defendant is to pay Plaintiff $50,000 in full, at no less than $1,000 per month. (See Pl.'s Ex Parte Application dated Aug. 3, 2023, Ex. A.) Defendant opposes the motion on the ground that the parties' agreement required the parties to execute a long form agreement, and Defendant has not signed such an agreement due to disputing several points with the agreement. “If parties to pending litigation stipu...

Excerpt: ...ed by the parties to date. Request for Judicial Notice Plaintiff requests judicial notice of (1) a Notice of Default against Defendants, (2) a Deed of Trust as to the property at 2959 North Beverly Glen Circle, (3) a Notice of Trustee's Sale in Plaintiff's favor, and (4) a Trustee's Deed Upon Sale, transferring title to the property in Plaintiff's favor. Plaintiff's request is GRANTED pursuant to Evidence Code section 452, subdivision (h). Plaint...

Excerpt: ...position is requested, Plaintiff requests that the deposition be taken by remote appearance. Defendant Richard Thurman (“Defendant”) opposes the motion on the ground that Plaintiff has no physical limitations, and Defendant has offered and will be providing accommodations. Plaintiff also takes issue with Defendant's presence at Plaintiff's deposition. “Before, during, or after a deposition, any party, any deponent, or any other affected nat...

Excerpt: ... Group APC shall provide code compliant responses to Plaintiff Veritext LLC's Request for Production of Documents – Set One within thirty (30) days of entry of this order. Plaintiff Veritext LLC's Motion to Compel Defendant's, Sittler Law Group APC, Responses to Form Interrogatories is GRANTED. Defendant Sittler Law Group APC shall provide code compliant responses to Plaintiff Veritext LLC's Form Interrogatories within thirty (30) days of entry...

Excerpt: ...nsurance coverage, but he later learned that no easement existed, Defendants were aware of this fact at the time of the sale, and Defendants failed to disclose this to Plaintiff. FAC [04-24-2023]: (1) breach of contract, (2) breach of fiduciary duty, (3) fraud and deceit, (4) negligent misrepresentation, (5) negligence. Defendant William S. Jensen bring a cross-complaint against First American Title Company for breach of contract and indemnity fo...