Excerpt: ...ulevard, Suite 1929, Encino, California 91436. The examination shall comply with the perameters set forth in Defendants' Amended Demand for Psychiatric Examination of Plaintiff Maria Moreno filed with the Court on June 9, 2023. Defendants Centaurus Management Company, LLC; Henry Ixamparic; and Miguel Martinez's Motion for Order for Mental Health Records [as to Perry Maloff, M.D.] is taken off calendar. Defendants Centaurus Management Company, LLC...

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...

Excerpt: ...gh the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has ...