Excerpt: ...st Account. Plaintiff alleges that Shapiro disbursed $258,900 from the Trust Account to a third party without a court order and without Plaintiff's consent or knowledge. With additional funds in the Trust Account that did not belong to Plaintiff, and deducting spousal support payments authorized by Plaintiff, as well as $512,847.70 which was later delivered from the Trust Account, there remains the sum of $256,780.53 which is allegedly missing. C...

Excerpt: ...er Allan Law Group P.C. shall prepare, serve, and submit a proposed judgment as per statute. Petitioner Allan Law Group P.C. to give notice. Evidentiary Objections Respondents reject to two exhibits to Petitioner's petition. The subject exhibits were not material to the Court's ruling herein; thus, the Court declines to rule on Respondents' objections. DISCUSSION “Any party to an arbitration in which an award has been made may petition the cour...

Excerpt: ...ty, where they attacked Plaintiff, knocking her down and fracturing her left hip. TENTATIVE RULING Plaintiff Marcia Rosenthal's Motion to Compel the Deposition of Parham Sage is GRANTED. The deposition must take place within thirty (30) days of this order. Plaintiff Marcia Rosenthal's Request for Monetary Sanctions is DENIED. Plaintiff Marcia Rosenthal to give notice. DISCUSSION Plaintiff Marcia Rosenthal (“Plaintiff”) moves the Court for an ...

Excerpt: ...d into an agreement with Defendants Collision Craft, Inc. and Richard Jay Rogers for Defendants to lease the premises for five years plus an option pursuant to a written agreement, with a rental amount of $24,270, and on January 24, 2019, the parties entered into a written Second Addendum to the lease for another 60-month term with annual rent increases each July 1. Plaintiff served a 3-day notice to pay rent or quit and 3- and 10-day notices to ...

Excerpt: ...le Plaintiff protested, Defendants continued the procedure, causing Plaintiff emotional distress. Plaintiff alleges she withdrew consent when screaming in pain, and she lives in fear after the surgery. Complaint: (1) medical battery, (2) intentional infliction of emotional distress. TENTATIVE RULING Defendants Sono Bello and Debra Stafford, M.D.'s Demurrer to Plaintiff's Complaint is SUSTAINED, with thirty (30) days leave to amend. Plaintiff Thom...

Excerpt: ...mplaint: (1) violation of Song-Beverly Act – breach of express warranty, (2) fraudulent inducement – intentional misrepresentation, (3) fraudulent inducement – concealment. This Motion: Defendant Nissan North America, Inc.'s Motion to Compel Arbitration and Stay Proceedings is DENIED. TENTATIVE ORDER Defendant Nissan North America, Inc.'s Motion to Compel Arbitration and Stay Proceedings is DENIED. Defendant Nissan North America, Inc. to gi...

Excerpt: ...d into an agreement with Defendants Collision Craft, Inc. and Richard Jay Rogers for Defendants to lease the premises for five years plus an option pursuant to a written agreement, with a rental amount of $24,270, and on January 24, 2019, the parties entered into a written Second Addendum to the lease for another 60-month term with annual rent increases each July 1. Plaintiff served a 3-day notice to pay rent or quit and 3- and 10-day notices to ...

Excerpt: ... 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 all objections, including privilege and work product, unless “[t]he party has subsequently served a response that is in substantial compliance” and “[t]he party's failure to serve a timely r...

Excerpt: ... fifth cause of action for reckless and intentional infliction of emotional distress. Defendant Leslie Memsic, M.D. to give notice. REASONING Defendant Leslie Memsic, M.D. (“Defendant”) moves for summary adjudication of Plaintiff Deborah Davis' second cause of action for battery and fourth cause of action for defamation and Plaintiffs Deborah Davis and Richard Davis (“Plaintiff”)'s third cause of action for fraud and fifth cause of action...

Excerpt: ...ew 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 Radhika Vattikonda 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 ma...

Excerpt: ...ty or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Malibu Dream Resort, LLC to give notice. REASONING Request for Judicial Notice Defendant Malibu Dream Resort, LLC (“Defendant”) requests judicial notice of a printout of search results from the City of Malibu operated map service and a printout of Google Maps showing Defendant's property location. ...

Excerpt: ...quest for Judicial Notice Plaintiff Xander Mozejewski (“Plaintiff”) requests judicial notice of the following facts: (1) Defendant Nicholas Terrafranca was issued a medical license by the State of California on June 18, 1986, and said license expired on June 30, 2003; (2) according to the UCLA “Graduate Programs in Bioscience” website, Defendant V. Reggie Edgerton is not a medical doctor but has received his Ph.D. in Exercise Physiology f...

Excerpt: ... Civil Transactions Law of the United Arab Emirates, Chapter Three, Section I, Article 298 and January 2, 2023, UEA, Federal Decree Law No. 42 of 2022 (The New Civil Procedures Law). Hill's request is GRANTED pursuant to Evidence Code section 452, subdivision (f). Analysis Hill moves the Court to dismiss Plaintiff Ashton Kennedy, a minor, by his Guardian ad Litem, Robert Kennedy (“Plaintiff”)'s and Defendant/Cross-Complainant Mycotoo, Inc. (�...

Excerpt: ...ovidence Saint John's Health Center's Demurrer to Plaintiff's [sic] First Amended Complaint is SUSTAINED, with thirty (30) days leave to amend. Defendant Providence Saint John's Health Center's Motion to Strike Portions of Plaintiffs' First Amended Complaint is DENIED as MOOT. Plaintiffs Marciela Javier, Uriel Javier, and Daniel Javier may amend their complaint only as authorized by the Court's order and may not amend the complaint to add a new p...

Excerpt: ...nd Cross-Defendant Allen Stephenson shall prepare, serve, and submit a proposed judgment as per statute. Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson to give notice. REASONING Request for Judicial Notice Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson (collectively “Cross-Defendants”) request judicial notice of a motion to quash in Los Angeles County Superior Court...

Excerpt: ...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, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice...

Excerpt: ... days after service of notice of the transfer order. Defendants David Leavitt, Kaci Vanderhoek, and Caroline Leavitt to give notice. REASONING Upon motion, the Court may change the place of trial “[w]hen the court designated in the complaint is not the proper court” or “[w]hen the convenience of witnesses and the ends of justice would be promoted by the change.” (Code Civ. Proc., § 397, subds. (a), (c).) Here, Defendants David Leavitt, K...

Excerpt: ...d Cross-Defendant Allen Stephenson shall prepare, serve, and submit a proposed judgment as per statute. Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson to give notice. REASONING Request for Judicial Notice Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson (collectively “Cross-Defendants”) request judicial notice of a motion to quash in Los Angeles County Superior Court ...

Excerpt: ...ndants”) are also directors on the board. (Compl. ¶¶ 3-6.) Plaintiff alleges that prior to the HOA meeting on October 12, 2022, Plaintiff received a Board packet which included a report about the HOA's balconies, and Plaintiff forwarded the report to the former president of the HOA, who posted the report on a private Facebook page in use by members of the HOA. (Compl. ¶¶ 12-13.) The HOA's counsel confronted Plaintiff about disclosing confid...

Excerpt: ...er 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 not in dispute, and the ...

Excerpt: ...City of Los Angeles Certificate of Occupancy as to 2219 Benecia Ave, Los Angeles, California 90064, dated February 27, 2020. Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (c). 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 demurrer can be used only to challenge defects that appear on the face of the ple...

Excerpt: ... right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) A prevailing party is entitled to recover only those costs “necessarily incurred in the case” by that party or on that party's behalf in prosecuting or defending the action. (See Cal. Rules of Court, rule 3.1700(a); Code Civ. Proc., § 1033.5, subd. (c)(1).) The non-prevailing party may contest any items in the prevailing party's memorandum of costs...

Excerpt: ...ornia 91367. The examination shall comply with all limitations set forth in this order. Defendant Nicole Perzik to give notice. REASONING Defendant Nicole Perzik (“Defendant”) moves the Court for an order compelling Plaintiff Michelle Yun (“Plaintiff”) to attend her Independent Medical Examination (“IME”) on June 26, 2023. Defendant represents that Plaintiff and Defendant entered into a stipulation for Plaintiff to appear for an IME, ...

Excerpt: ...d the Los Angeles Municipal Code provides for a private right of action for damages, and GRANTED in part as to paragraphs 31 and 41, insofar as Plaintiffs seek punitive damages; and DENIED as MOOT as to paragraphs 18.3, 21, 22, 43.1 through 43.9, and prayer for relief paragraphs 1.1 through 1.9. Plaintiffs Thomas Schwartz and Lisa Schwartz may amend their complaint only as authorized by the Courts order and may not amend the complaint to add a ne...

Excerpt: ...018, 1023.) Defendants William Rahal, M.D. and Beverly Hills Aesthetic Corp dba Verona Plastic Surgety 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...