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...

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