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...

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 ...