Excerpt: ...ANAGEMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1-50 inclusive TENTATIVE RULING – COMPEL RESPONSES BACKGROUND Plaintiffs filed a Complaint against Defendants on 9/1/2022 alleging three causes of action for: (1) General Negligence; (2) Negligent Hiring, Supervision, or Retention of Employee; and (3) Negligent Infliction of Emotional Distress. On 11/17/2022, a Cross...

Excerpt: ...nt, Inc. and Yuke Hou filed a Complaint against Yi Wang, Lei Zhang, and Hedi Wang on 06/21/2023. On 7/11/2023, Plaintiffs Hairun Investment, Inc. and Yuke Hou filed an ex parte application for a temporary restraining order. On 7/13/2023, the ex parte application was granted in part. On 8/2/2023, the Plaintiffs' request for a preliminary injunction was denied, and the temporary restraining order issued on 7/13/2023 was dissolved. Yi Wang filed an ...

Excerpt: ... of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Express Written Warranty Civil Code Section 1791.2 subdivision (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantability Civil Code Section 1791.1, Section 1794. RELIEF REQUESTED¿ “Plaintiff moves for an order compelling Defendant, FCA US LLC to respond to Plaintiff's (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Ad...

Excerpt: ...Mercedes- Benz USA, LLC moves the Court for an order (i) compelling Plaintiff Sergio De Alba Sr., et al to arbitrate all of his claims in accordance with the arbitration agreement; and (ii) staying this action pending the outcome of arbitration. This motion is authorized by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1- 16, California Code of Civil Procedure § 1281 et seq. and supported by the accompanying Memorandum of Points and Aut...

Excerpt: ...e Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED “Defendant, Chase, demurs to the Third Amended Complaint (TAC) on the following grounds: 1. The First Cause of Action does not state a cause of action because the common law negligence cause of action is displaced and preempted by the comprehensive scheme of regulation in California's enactment of Division 11 of the California Commercial Code applicable to wire transfers. ...

Excerpt: ...petitions this Court for an order relieving her from the provisions of Government Code §945.4 on account of failure to file a timely claim against R espondent, Glendale Unified School District, as Petitioner was a minor during all of the time specified in Section 911.2 for the presentation of the claim. PROCEDURAL Moving Party: Petitioner, Greg Asaduriyan Responding Party: No Opposition by Respondent Glendale Unified School District (Respondent ...

Excerpt: ...ions of Plaintiff's Complaint: 1. Portions of paragraph 32 of Plaintiff's Complaint as set forth below: "so as to justify an award of punitive damages against Defendants in an amount according to proof," 2. Portions of paragraph 37 of Plaintiff's Complaint as set forth below: "so as to justify an award of exemplary or punitive damages against Defendants in an amount according to proof at trial." 3. Portions of paragraph 45 of Plai...

Excerpt: ...in accordance with the local rules and requirements. As set for more fully in the moving papers, the facts giving rise to this motion support the relief sought. This motion is based on the Notice, the Memorandum of Points and Authorities and Declaration of Cecilia D. Torello, the Request for Judicial Notice, the papers and pleadings on file in this matter, and on such other oral and documentary evidence as may be presented in support of this moti...

Excerpt: ... Code §54. RELIEF REQUESTED Plaintiff, Orlando Price, moves this Court for an order compelling the deposition of Defendant's Person(s) Most Qualified for Los Angeles County Metropolitan Transportation Authority re: ADA Compliance Pursuant to CCP §2025.010 et seq and 2025.230 et seq. and request for production of documents as specified in Plaintiff's deposition notice. PROCEDURAL Moving Party: Plaintiff, Orlando Price Responding Party: Defendant...

Excerpt: ...era Event Venue, Inc. failed to timely respond to Form Interrogatories, Set One, due to counsel's mistake, inadvertence, or excusable neglect. Due to a conflict in representation, Cullins & Grandy LLP will no longer be representing Modera Event Venue, Inc. In the process of transferring representation to new counsel, Cullins & Grandy LLP failed to timely serve a response to Form Interrogatories, Set One. This Motion is brought pursuant to Code of...

Excerpt: ...wherein the Opposition states that sanctions are still at issue. Opposition cites CCP § 2025.420(h) which states, “The court shall impose a monetary sanction under Chapter 7 (commencing with § 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the impositi...

Excerpt: ...�FAC”), pursuant to Code of Civil Procedure §430.10(e), on t\ he ground that each of them fails to state facts sufficient to constitute a cause of action against Defendant.” PROCEDURAL ANALYSIS Moving Party: Defendant, Calstar Motors Inc. Responding Party: Plaintiff, Gagik Grigoryan Moving Papers: Notice/Demurrer; Request for Judicial Notice; Decl. Yang; Proposed Order Opposition Papers: Opposition; Decl. Margarian; Proof of Service; Objecti...

Excerpt: ... America, Inc's (“Defendant”\ or “SOA”), Motion for Summary Judgment (“MSJ”), and grant\ ing leave to file an Opposition to the MSJ. Plaintiff's Motion is made pursuant to California Code of Civil Procedure, section 473, subdivision (b) on the grounds that due to a clerical oversight and excusable neglect in Plaintiff's counsel's office's calendaring department, Plaintiff failed to file an Opposition to SOA's MSJ. (Declaration of Luis...

Excerpt: ...RICAN CONTRACTOR INDEMNITY COMPANY, a California Company; and DOES 1 to 55, inclusive, 3 - TENTATIVE RULINGS- 2 DEMURRERS AND 1 MOTION TO STRIKE DEMURRER 1 RELIEF REQUESTED “Defendants, HHKC Development, Inc.; Kit Chan; and William Chan demur\ to Plaintiffs' FAC on the following grounds: Defendants individually and collectively demur to the entire First Amend\ ed Complaint the ground that it fails to state facts sufficient to constitu\ te a cau...

Excerpt: ...Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED Defendant, Chase, demurs to the Third Amended Complaint (TAC) on the following grounds: 1. The First Cause of Action does not state a cause of action because th\ e common law negligence cause of action is displaced and preempted by the \ comprehensive scheme of regulation in California's enactment of Division\ 11 of the California Commercial Code applicable to wire transfers. ...

Excerpt: ...on Reply Papers: No Reply as of 4/5/2024; Reply would have been due 4/4/2024 RELIEF REQUESTED Defendants demur to the Amended Complaint (AC) as follows: 1. The First Cause of Action for Breach of Contract fails to state facts\ sufficient to constitute a cause of action (CCP §430.10(e)); 2. The Second Cause of Action for Common Counts fails to state facts sufficient to constitute a cause of action (CCP §430.10(e)); 3. The Third Cause of Action f...

Excerpt: .... This motion is made pursuant to Code of Civil Procedure section 473(b) on the ground that the default judgment was taken against her through her mistake, inadvertence, surprise, or excusable neglect, Code of Civil Procedure section 473.5 on the ground that service of the summons did not result in actual notice to her in time to de fend the action, and on the Court's inherent, equitable power to set aside a judgment on the ground of extrinsic fr...

Excerpt: ...Interrogatories, Set One; and c) Plaintiff's Request for Production of Documents, Set One; 2. For an Order deeming Plaintiff's Requests for Admissions, Set One, to each Defendant to be admitted; and 3. For a monetary sanctions award of $2,576.67 as against each Defendant, jointly and severally, for failing to respond to discovery in good faith. This motion is made pursuant to Code of Civil Procedure §§ 2023.010, 2030.300, 2031.300, and 2033.280...

Excerpt: ...0 this Notice, the attached Memorandum of Points and Authorities, the Declaration of Patrick J. Torsney, Esq., the court file and on such further information as may be presented at the hearing. The Court notes that Movant refers to itself as “Defendants.” It appears as if this motion was filed by one Defendant, not multiple Defendants. This motion appears to be filed by Defendant, 1001 Las Lomas, LLC. The Court will presume there is one movin...

Excerpt: ...nses without objections, and for:; 2. An order compelling Defendant Shupe to Further Respond to Plaintiff's Form Interrogatory 17.1 as it related to Plaintiff Saavedra's Request for Admissions #2. 3. An award of monetary sanctions in the amount of $3,105.00 against Defendant Shupe and his attorneys of record Adam L. Robinson, LaFollette, Johnson, DeHass, Fessler & Ames, jointly and severally. Plaintiff relies on Code of Civil Procedure §128....

Excerpt: ...ounds that Defendant James Wu has served responses in substantial compliance with sections 2030.010 et seq., 2031.010 et seq., and 2033.010 et seq., and the failure to serve timely responses was the result of his attorney's mistake, inadvertence, or excusable neglect. The motion will be based on this notice, the attached memorandum of points and authorities, and declaration of Lyle R. Mink; on all documents in the court file, and on any documents...

Excerpt: ...nt's willful decision to drive above the speed limit and c ontinue operating his vehicle with knowledge that the vehicle would “slide” and lose control when he applied his brakes. Plaintiff's Motion is made pursuant to Code of Civil Procedure sections 473, subdivision (a)(1), and 576 on the following grounds: • Plaintiff deposed Defendant on January 31, 2024. There, Defendant testified that immediately before the collision, his vehicle “s...

Excerpt: ...c)(5) and applicable ca se law on the ground that Plaintiff is entitled to recover their attorney fees incurred as an element of costs pursuant to the Contract and Guaranty. The Motion will be based on this Notice, the Memorandum of Points and Authorities, the Declaration of Todd S. Garan filed concurrently herewith, the complete files and records on file herein and upon such other and further oral and documentary evidence as may be presented at ...

Excerpt: ...: (1) $35,488.00 incurred in attorney's fees plus a 1.5 time multiplier in the additional amount of $17,744.00; and (2) an additional $5,000 for Plaintiffs' counsel to review General Motors LLC's Opposition, draft the Reply brief, and attend the hearing on this Motion (though they expect to spend well over ten hours on these) plus a 1.5 time multiplier in the additional amount of $2,500.00. Plaintiff also seeks enforcement of the prospective sanc...

Excerpt: ...30 and California Rules of Court, rule 3.1320, and is made on the following grounds: 1. Plaintiff's first cause of action for Premises Liability fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc. §430.10(e).) 2. Plaintiff's first cause of action for Premises Liability is uncertain, ambiguous and unintelligible Plaintiff has not stated any facts or allegations as to Defendant's notice or that Defendant's conduct was...

Excerpt: ...motion is made on the grounds that Plaintiffs on each of the grounds set forth herein in the following demurrer. 1. The First Supplemental Cause of Action fails to state facts sufficient to constitute a cause of action as detailed in California Code of Civil Procedure §430.10(e). Moving Parties, for each of these reasons, move for an order of this Court sustaining the Demurrer and Motion to Strike without leave to amend. This Demurrer and Motion...

Excerpt: ...he dismissal entered in this case. RELIEF REQUESTED¿ Plaintiff, Tracey Baumert moves this Court for an Order setting aside and vacating the order entered on October 9, 2023 dismissing the complaint. Said motion will be made on the grounds that Plaintiff is entitled to be relieved from said order pursuant to California Code of Civil Procedure Section 473(b) and the court's inherent powers, on the grounds that such order was entered as the res...

Excerpt: ...an Order (i) compelling Plaintiff Jesse Flores (“Plaintiff”) to arbitrate her claims on an individual basis, including her individual claims brought under the Private Attorneys General Act (“PAGA”), pursuant to the terms of a valid and enforceable arbitration agreement; (ii) staying Plaintiff's non -individual PAGA claims; and (iii) staying proceedings pending completion of the individual arb itration. Manpower Defendants bring this Motio...

Excerpt: ...CCP §2030.290 and Request for Costs, Sanctions, and Attorneys Fee s under CCP §§2023.010 et seq. and 2030.290 et seq. against Defendant Moder Event Venue, Inc., and/or it's Attorney of Record, Cullins & Grandy, LLP. Plaintiff seeks sanctions, reimbursement of costs, and attorney's fees against Defendant in the amount of $1,661.50 under Cal. Civ. Proc. Code §§ 2023.010 et seq. and 2030.290. Procedural Moving Party: Plaintiff, Gina A. Castillo...

Excerpt: ...ief, and ¶5 in the Prayer for Relief. This motion is made pursuant to Code of Civil Procedure §§ 435 and 436 and California Rules of Court 3.1320(i) on the grounds the Cross -Complaint includes irrelevant, false or improper matters that should be stricken. Specifically, the Complaint improperly requests punitive damages without any facts or law to support such relief. In addition, the Cross -Complaint includes allegations and references that a...

Excerpt: ...ntry Metropolitan Transportation Authority, Henry C. Alvarez, and Integon National Insurance Company, a corporation. On 8/15/2023, an Order to Show Cause Re: Failure to File Proof of Service was called for hearing and no appearances were made by, or for, either party. Proof of service had not been filed, so the Court indicated the following: On the Court's own motion, the Order to Show Cause Re: Failure to File Proof of Service scheduled for ...

Excerpt: ...Plaintiff alleges that on or about April 27, 2021, Plaintiff was a patron at Defendant's The Coffee Bean & Tea Leaf store. (Compl. ¶7.) Plaintiff alleges that when she was walking inside of the store, she slipped and fell in a large puddle of soapy water on the floor. (Id.) Plaintiff alleges that an employee of Defendant witnessed the incident and took down an incident report. ( Id.) On 5/15/2023, Plaintiff filed an amendment to the Complaint na...

Excerpt: ...endale Unified School District, pursuant to the provisions of Code of Civil Procedure Section 437c, will and hereby does move the Court for an order granting Summary Judgment or, in the alternative, for an order granting summary adjudication of some or all of the causes of action that are found in the plaintiff's First Amended Complaint on the following grounds: The defendant moves for summary judgment as to the FAC on the following grounds: 1. T...

Excerpt: ...remises Liability and (2) General Negligence. Plaintiff alleges that while they were in Defendant, Glendale Adventist Health Center's, place of business as a patron, active construction work was conducted by Cornerstone Construction, and Plaintiff tripped over an object on the floor which cause d Plaintiff to fall. On 05/04/2023, Defendant, Glendale Adventist Medical Center dba Adventist Health Glendale, filed an Answer to the Complaint. On 06/02...

Excerpt: ...Big Sisters Association of Los Angeles dba Camp Bob Waldorf (erroneously sued as two separate entities) (“JBBBS” or “Defendant”) Responding Party: Plaintiff, David Hernandez, a minor, by and through his Guardian Ad Litem Daizy Villalvazo RELIEF REQUESTED Defendant, Jewish Big Brothers Big Sisters Association of Los Angeles dba Camp Bob Waldorf (erroneously sued as two separate entities) (“JBBBS” or “Defendant”), demurs generally a...

Excerpt: ...: Plaintiffs, Hilda Kasimian and Stepan Kasimian Moving Papers: Notice/Demurrer Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED Defendant, GMS, moves this Court for an order sustaining its demurrer to the First Amended Complaint (FAC) as to the first cause of action for breach of contract. This Demurrer is made pursuant to California Code of Civil Procedure §§ 430.10(e) and (f) on the grounds that the First Cause of Action in...

Excerpt: ...; v. WOODGLEN HOMEOWNERS ASSOCIATION, a California non -profit corporation and DOES 1 THROUGH 20, inclusive, [TENTATIVE RULING – MOTION FOR ATTORNEY FEES] RELIEF REQUESTED ¿ Petitioners, Traci Ann Curtis -De Rago, an individual and as Trustee, or Successor Trustee, under the John E. De Rago and Traci Ann Curtis -De Rago Family Trust dated November 20, 2009, Margarita Hirapetian, Roubina Malayan, an individual and Trustee of the Roubina Malayan...

Excerpt: ...anitza Maravilla, and Andres Morales Rios, move the Court for an order compelling further responses to Plaintiffs' First Set of Requests for Production and for monetary sanctions in the amount of $2,610.00 against Defendant FCA US LLC and its attorneys of record, Ongaro P.C. “This motion is made on the grounds that Defendant FCA US LLC has not provided Code - compliant responses to Plaintiffs' Requests for Production numbers 45-46 pursuant to C...

Excerpt: ...Complaint on 05/16/2023 against Defendants LA County Metro Trans Authority and Michael Jay Ahn. On 07/20/2023, Cross -Complainant, Los Angeles Country Metropolitan Transportation Authority, filed a Cross -Complaint against Cross -Defendant, Meri Iskandaryan. MOTION 1 Moving Party: Cross -Defendant, Meri Iskandaryan Responding Party: Cross -Complainant, Los Angeles County Metropolitan Transportation Authority Moving Papers: Motion; Proposed Order ...

Excerpt: ... Tom Love Group Responding Party: Defendant, Palig Saghdejian Moving Papers: Plaintiff's Ex Parte Motion To Vacate Sister -State Judgment Against Defendant Opposition Papers: No Opposition submitted; however, Defendant's attorney filed a “Notice of Remote Appearance.” Reply: No Reply 16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Uncertain – On eCourt,...

Excerpt: ... STRIKE] Moving Party: Defendant, Elvis Madatyan Responding Party: No Opposition Moving Papers: Demurrer and motion to strike (All submitted in a single filing) Opposition Papers: No Opposition submitted Reply Papers: No Reply submitted RELIEF REQUESTED Defendant, Elvis Madatyan, moves the Court for an order sustaining his demurrer to the third, fourth, fifth, sixth, seventh, and ninth causes of action of Plaintiffs' Complaint pursuant to CCP §4...

Excerpt: ... corporation; Galpin Volkswagen, a business entity, form unknown; and DOES 1- 40 inclusive. The first three causes of action – (1) Violation of Song- Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, and (3) Violation of Song-Beverly Act – Section 1793.2 – are alleged against Defendant Volksw agen Group of America, Inc. The fourth cause of action for negligent repair is alleged aga...

Excerpt: ...s for Admission (Set One), on the following grounds: •Plaintiff served straightforward requests for admission; • Requests for admission are designed to narrow the issues that will be presented at the time of trial; • Defendant provided evasive responses filled with boilerplate objections to each of Plaintiff's 26 requests for admission; • Plaintiff needs the requested discovery to prepare for trial; • Plaintiff will be prejudiced if he ...

Excerpt: ...PARTNERSHIP CO, a California Corporation, to comply and produce the documents that it was ordered to produce on June 30, 2023, as several responsive categories of documents identified and ordered t o produce have still not been produced, even though Plaintiff's counsel had agreed to fully comply with the court order. Plaintiff be ordered to produce all the documents within twenty (20) days of the hearing of this motion; (2) For monetary sanctions...

Excerpt: ...ia Code of Civil Procedure § 437c, for an order granting summary judgment, or alternatively summary adjudication, against Defendant ZHORA SARGISYAN, an individual (“Defendant” or “SARGISYAN”) and in favor of ACIC (the “Motion”). ACIC bases its motion on the grounds that it has established the elements of its claims, there are no triable issues of material fact as to the summary judgment sought, and that ACIC is entitled to judgment a...

Excerpt: ...s for the misuse of discovery pursuant to CCP §2030.030. The motion will be made on the grounds that Defendant has failed to comply with the Court's Order on the hearing on Plaintiff's Motion to Compel responses to Form Interrogatories, Set One. On September 29, 2023, the Court ruled on Plaintiff's Motion to Com pel Defendant's responses to Form Interrogatories, Set One. Defendant was ordered to provide responses to Plaintiff's within 21 days. T...

Excerpt: ... STRIKE] Moving Party: Defendant, Elvis Madatyan Responding Party: No Opposition Moving Papers: Demurrer and motion to strike (All submitted in a single filing) Opposition Papers: No Opposition submitted Reply Papers: No Reply submitted RELIEF REQUESTED Defendant, Elvis Madatyan, moves the Court for an order sustaining his demurrer to the third, fourth, fifth, sixth, seventh, and ninth causes of action of Plaintiffs' Complaint pursuant to CCP §4...

Excerpt: ...th cause of action in Plaintiff Karo Davtyan's First Amended Complaint (“FAC”) on the grounds that: (1) The fourth cause of action for Fraud – Fraudulent Inducement – Concealment is barred by the applicable statute of limitations; (2) The fourth cause of action for Fraud – Fraudulent Inducement – Concealment fails to state facts relevant to the elements of the claim and therefore does not constitute a cause of action; and (3) The four...

Excerpt: ...LC moves for an order (1) compelling Plaintiff Ruperto Robeniol to arbitrate all of his claims in accordance with the arbitration agreement and (2) staying this action pending the outcome of arbitration. BACKGROUND: This is a Lemon Law action. On June 27, 2023, Plaintiff Ruperto Robeniol filed the operative First Amended Complaint (“FAC”) against Defendants Mercedes -Benz USA, LLC; Envision Motors Holdings, LLC dba Mercedes -Benz of West Covi...

Excerpt: ... order compelling Glendale Police Department (“GPD”) to comply with a subpoena issued by Plaintiffs related to its investigation of Defendant Denis Wilson Alcazar (“Alcazar”) for sexually abusing minors, including all reports, audio and/or video recordings, and evidence in its possession. Plaintiffs request that the Court order GPD to submit all documents and evidence responsive to Plaintiffs' subpoena for an in camera review and determin...

Excerpt: ...t's order. This motion is made pursuant to Code of Civil Procedure § 2031.320 on the grounds that Plaintiffs have failed to produce the vehicle for the properly noticed vehicle inspection. In addition, Defendant contends that Plaintiffs have failed to meet and confer on this issue in good faith. Procedural Moving Party: Defendant Kia America, Inc. Responding Party: Unopposed Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days La...

Excerpt: ...y Lapse (CCP §12c and §1005(b)): Ok RELIEF REQUESTED¿ Defendants move this Court to take an additional physical examination of the plaintiff by Dr. Ted Evans, a neuropsychologist. Defendants' motion is made pursuant to Code of Civil Procedure section 2032.310 and 2032.320. BACKGROUND Plaintiff, Haptouhi Markarian, filed a Complaint on 01/12/2024 against defendants, Pluma, LLC and Jonathan Gerber (erroneously sued as Jonathan Graber). Plaintiff...

Excerpt: ...QUESTED Defendant, California Box II, demurs to the first through seventh causes of action in the FAC on grounds of failure state facts sufficient to constitute a cause of action. Defendant demurs to the eighth cause of action in the FAC on grounds that the claim is barred by the statute of limitations. BACKGROUND On 04/18/2023, Plaintiff filed a Complaint. On 08/02/2023, Plaintiff filed a First Amended Complaint (FAC). The FAC alleges the follow...

Excerpt: ...our Declaration; Request for Judicial Notice; Opposing Papers: Opposition; Evidentiary Objections; Request for Judicial Notice; Serrano Declaration Reply Papers: An untimely Reply was submitted but the Court will still consider it. Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Correct Address (CCP §1013, §1013a, §1013b): Ok CCP §1290.4 is not applicable. RELIEF REQUESTED Defendant, Mercedes-Benz...

Excerpt: ...ly Papers: Reply RELIEF REQUESTED Plaintiff, Aurea Construction, Inc., (Aurea or Plaintiff) moves this Court for an order imposing sanctions against counsel for Defendants/Cross-Complainants Rafayel Muradyan and Lusine Khachatryan, Pedram Zivari. Aurea makes this Motion pursuant to Code of Civil Procedure section 177.5, on the grounds that Mr. Zivari continues, and will continue if undeterred, to litigate in the above-captioned action despite a s...

Excerpt: ...f, Sly Spectrum LLC, a Texas limited liability company Moving Papers: Notice/Demurrer; Request for Judicial Notice; Proposed Order; Notice of Errata re: Request for Judicial Notice Opposition Papers: Opposition; Proof of Service; Request for Judicial Notice Reply Papers: Reply; Evidentiary Objections to Plaintiff's Request for Judicial Notice RELIEF REQUESTED Defendants, Abedian & Totlian, an Accountancy Corporation, and Emil Abedian, demurrer to...

Excerpt: ... Reply Papers: Reply RELIEF REQUESTED Defendant, Calstar Motors Inc., demurs to the first cause of action (fraud and deceit) and the second cause of action (breach of implied covenant of good faith and fair dealing) in Plaintiff's Complaint pursuant to CCP §430.10(e) on the ground that each cause of action fails to state facts sufficient to constitute a cause of action against Defendant. BACKGROUND Plaintiff filed the instant Complaint on 09/20/...

Excerpt: ...on for Summary Judgment is made pursuant to the Code of Civil Procedure section 437c on the grounds that there is no triable issue of material fact on either of Plaintiff's causes of actions. PROCEDURAL Moving Party: Defendant, Los Angeles County Metropolitan Transportation Authority, a Public Entity (Defendant or Metro) Responding Party: Plaintiff, Orlando Price Moving Papers: Notice/Motion; Separate Statement; Index of Exhibits; Request for Jud...

Excerpt: ...ainst Defendants Flexvisual, Inc. (Flexvisual) and Chad R. Williams (Williams). This Motion is made pursuant to Code of Civil Procedure § 437c, on the grounds that there is no triable issue as to any material fact with respect thereto, that Plaintiff's evidence submitted herewith establishes each and every element of the causes of action at issue, that Defendants have not raised any valid defense to the Complaint and that Defendants cannot produ...

Excerpt: ...ny; and Jamal Dawood Moving Papers: Notice/Motion; Proposed Order; Request for Judicial Notice; Proof of Service; Ferris Abassi Declaration; Joshua P. Friedman Declaration; Hagop Bardakjian Declaration; Opposing Papers: Opposition; Mitchell B. Ludwig Declaration; Jimmy Dawood Declaration; Request for Judicial Notice; Reply Papers: Reply; Abassi Declaration; Proof of Service; [On 1/26/2023, Opposition Defendants submitted an objection to the Abass...

Excerpt: ...efendants, Hairun Investment, Inc. and Yuke Hou Responding Party: Cross-Complainant, Yi Wang RELIEF REQUESTED¿ Cross-Defendants, Hairun Investment, Inc. and Yuke Hou will move for orders for relief from default and for filing of a proposed answer under Code of Civil Procedure § 473(b) (attorney affidavit of fault). Procedural 16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP �...

Excerpt: ...d on: November 6, 2023 Pleading served on: June 21, 2023 Meet and Confer? Ok RELIEF REQUESTED: Sustain demurrer to first, second, third, and fourth causes of action in plaintiffs' First Amended Complaint for failure to state sufficient facts to constitute a cause of action. CAUSES OF ACTION: from FAC 1) Negligent Supervision (By Plaintiff J.P against Defendants Glendale Adventist Academy and DOES 1 through 10, Inclusive) 2) Negligent Supervision ...

Excerpt: ... failure to file POS discharged on 11/30/2023 Meet and Confer? Ok RELIEF REQUESTED: Sustain demurrer to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action. CAUSES OF ACTION: from Complaint 1) Premises Liability 2) General Negligence SUMMARY OF FACTS: On July 2, 2021, Plaintiff was performing her work duties at Paradise Pastry and Café located at 1825 W. Glenoaks Blvd., Glendale, CA 91201, when sh...

Excerpt: ...plaint and first cause of action for failure to state sufficient facts to constitute a cause of action. CAUSES OF ACTION: from FAC 1) Premises Liability 2) Negligence 3) Willful Failure to Warn 4) Dangerous Condition of Public Property SUMMARY OF FACTS: On November 1, 2022, plaintiff Onik Khodaverdian tripped and fell on the premises due to uneven pavement. He suffered damages as a result. MEET AND CONFER A party filing a demurrer “shall meet a...

Excerpt: ...19) Copy of agreement included and referenced: ok, Exhibit A (Resident — Facility Arbitration Agreement) MOTION TO COMPEL ABITRATION / STAY PROCEEDINGS TO COMPEL ARBITRATION Written arbitration agreement (CCP §1281.2; CRC 371): Exhibit A Demand and refusal to arbitrate (CCP §1281.2): Yes No waiver of right to compel arbitration (CCP §§1281.2(a); 1281.5): Yes No grounds for rescission of agreement to arbitrate (CCP §1281.2(b)): Yes Parties ...

Excerpt: ...Defendant seeks to reduce costs. Based on Defendant's counsel's (Cameron Major) declaration, Defendant appears to be seeking a reduction of $1,375.29.] PROCEDURAL 16/21 Day Lapse (CCP §12c and §1005(b):Ok Proof of Service Timely Filed (CRC, Rule 3.1300):Ok Correct Address (CCP §1013, §1013a):Ok Moving Papers: Notice/Motion; Major Declaration Opposition Papers: Opposition; Oliva Declaration Reply Papers: Reply BACKGROUND Plaintiff, Amelia Lope...

Excerpt: ... action for: (1) Violation of Song- Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, and (3) Violation of the Song-Beverly Act Section 1793.2. Plaintiffs allege that on August 29, 2019 they purchased a 2019 Ford Edge (Compl. ¶8.) Plaintiffs allege that the Subject Vehicle was delivered to them with serious defects and nonconformities to warranty and developed other serious defects and ...

Excerpt: ...in the amount of $44,590.00, and non-taxable costs in the amount of $798.47, as of September 2023, incurred in bringing this action against Defendant NR Development. Plaintiff reserves his right to include additional fees and costs of finalizing this Motion, preparing any reply, and appearing at a hearing on this Motion. PROCEDURAL Moving Party: Plaintiff, Mikayel Badalyan Responding Party: Defendant, NR Development, Inc. (Defendant or NR) 16/21 ...

Excerpt: ...ia Corporation; & DOES 2-100 [TENTATIVE RULING ON DEMURRER & MOTION TO STRIKE TO THE THIRD AMENDED COMPLAINT] Moving Party: Defendants, Loma Vista Investment LLC (LVI), a Limited Liability Company and Albert Ahdoot (Ahdoot), an individual (collectively Defendants) Responding Party: Plaintiffs, CJ Prime Investment, LLC; Marvin C. Hur; Connie Kim Hur; Jonathan Hur; Jennifer Hur Moving Papers: Notice/Demurrer; Request for Judicial Notice Opposition ...

Excerpt: ...sters Association of Los Angeles dba Camp Bob Waldorf (erroneously sued as two separate entities; “JBBBSLA” or “Defendant”) Responding Party: Plaintiff, David Hernandez, a minor, by and through his Guardian Ad Litem Daizy Villalvazo RELIEF REQUESTED Defendant generally and specially demurs under CCP §430.10(e) and (f) to Plaintiff's unverified Complaint on the following grounds: 1. Fourth Action for Negligence fails to state facts suffic...

Excerpt: ...or Judicial Notice; Michel Declaration Opposing Papers: No Opposition Reply Papers: No Reply Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Correct Address (CCP §1013, §1013a, §1013b): Ok CCP §1290.4 is not applicable. RELIEF REQUESTED Defendant, Porsche Cars North America, Inc., moves this Court for an order to compel arbitration of this controversy and to stay the above-captioned action. This M...

Excerpt: ..., an individual; PAULETTE GERAGOS, an individual, ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTERST IN THE PROPERTY DESCRIBED IN THE CROSS-COMPLAINT ADVERSE TO CROSS-COMPLAINANTS' TITLE, OR ANY CLOUD UPON CROSS-COMPLAINAINTS' TITLE THERETO, AND ROES 1-20 inclusive [TENTATIVE RULING ON MOTION TO BIFURCATE] RELIEF REQUESTED Defendants, Robert Friedland and Careen A. Friedland move Ex Parte to set a hearing t...

Excerpt: ...of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, and (3) Violation of the Song-Beverly Act Section 1793.2. Plaintiff alleges that on January 8, 2018, Plaintiff purchased a 2017 Porsche Macan. (Compl. ¶8.) Plaintiff alleges that the Subject Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformit...

Excerpt: ... Responding Party: Plaintiff, North American Textile Co., LLC RELIEF REQUESTED¿¿¿ Specially Appearing Defendant, HMS Mfg. Co. moves this Court for an order quashing the summons issued in this case on the grounds that this Court is not the proper jurisdiction for this action because the purchase orders that are the basis of the contract between the parties provide that Michigan courts and Michigan law are the proper forum for the litigation of ...

Excerpt: ...ained in a motor vehicle incident which occurred on February 9, 2020. The first document on file with the Court in this matter is a Petition to Assign Case Number wherein State Farm sought to have a case number assigned to the instant “underinsured motorist arbitration action pursuant to California Insurance Code, section 11580.2(f)(1).” (Pet. Assign Case Number, 7/10/23.) Motion 1 pertains to Respondent compelling responses to Demand for Pro...

Excerpt: ...�1013a): No – Movant did not serve Cross-Complainant's counsel at the email address listed on eCourt. However, an Opposition was submitted, so presumably the Cross- Complainant received the motion. Moving Papers: Notice/Motion Opposition Papers: Opposition; Clark Declaration Reply: December 15, 2023 Reply; December 18, 2023 Reply RELIEF REQUESTED¿ Gary Lefkowitz moves the Court to set aside a default that was entered against Lefkowitz on June ...

Excerpt: ...Objections to Declaration of Ilana Malaran Reply: Reply RELIEF REQUESTED¿ Defendants, Ilana Malaran and Naralam, LLC move the Court for an order modifying the Court's June 3, 2022, or by allowing the release of some of the funds held pursuant to that order. Defendants' motion will be based upon this notice, the supporting declaration and exhibits thereto, the entire contents of the Court's file, and such argument and evidence as the Court may pe...

Excerpt: ...curity Company) Responding Party: No Opposition submitted Moving Papers: Notice/Motion; Proposed Order Opposition Papers: No Opposition Reply: Notice of Non-Opposition Procedural 16/21 Day Lapse (CCP §12c and §1005(b)): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Ok RELIEF REQUESTED¿ Defendant, Jones Lang Lasalle Americas, Inc., moves this Court for an order compelling responses to its Special...

Excerpt: ...liability company; and ROES 1-10 TENTATIVE RULING ON MOTION TO COMPEL ARBITRATION Moving Party: Defendant, Mercedes-Benz USA LLC (MBUSA or Defendant) Responding Party: Plaintiff, Elin Vernis Moving Papers: Motion; Request for Judicial Notice; Ameripour Declaration; Proposed Order Opposing Papers: Opposition; Evidentiary Objections to Ameripour Declaration; Request for Judicial Notice; Serrano Declaration Reply Papers: Reply Proof of Service Timel...

Excerpt: ... Moving Party: Plaintiffs, Sonya Janvelyan and Artur Sargasyan Responding Party: No Opposition submitted 16/21 Court Days Lapsed (CCP 1005(b)): No- The moving papers are not timely. “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (CCP §1005(b).) “…[A]nd if the notice is served by facsimile transmission, express mail, or anoth...

Excerpt: ...curity Company) Responding Party: No Opposition submitted Moving Papers: Notice/Motion; Proposed Order Opposition Papers: No Opposition Reply: Notice of Non-Opposition Procedural 16/21 Day Lapse (CCP §12c and §1005(b)): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Ok RELIEF REQUESTED¿ Defendant, Jones Lang Lasalle Americas, Inc., moves this Court for an order compelling responses to its Special...

Excerpt: ...oving Party: Plaintiffs, Sonya Janvelyan and Artur Sargasyan Responding Party: No Opposition submitted 16/21 Court Days Lapsed (CCP 1005(b)): No- The moving papers are not timely. “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (CCP §1005(b).) “…[A]nd if the notice is served by facsimile transmission, express mail, or another...

Excerpt: ...curity Company) Responding Party: No Opposition submitted Moving Papers: Notice/Motion; Proposed Order Opposition Papers: No Opposition Reply: Notice of Non-Opposition Procedural 16/21 Day Lapse (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Ok RELIEF REQUESTED¿ Defendant, Jones Lang Lasalle Americas, Inc., moves this Court for an order compelling responses to its Demand f...

Excerpt: ... Cindy Chou Responding Party: Non-Party, All Good Escrow, Inc. Moving Papers: Notice/Motion; Separate Statement; Proposed Order; Proof of Service Opposition Papers: Opposition Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Uncertain – At the hearing, Movant is to address the issues listed below with respect to service. In addition to Movant's allegation that this...

Excerpt: ...0): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Correct Address (CCP §1013, §1013a, §1013b): Ok RELIEF REQUESTED Defendant, Juan Jose Beltran, moves this Court pursuant to CCP §877.6(a)(1) for an order determining that the settlement between Mr. Beltran and Plaintiff, Vardan Baghdasaryan (“Plaintiff”), in the above-entitled action was reached in good faith, thereby barring and dismissing any pending or future claims or cross-complaints a...

Excerpt: ...ion; Proposed Order; Request for Judicial Notice; Ameripour Declaration; Opposing Papers: Opposition; Evidentiary Objections; Serrano Declaration; Request for Judicial Notice Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Correct Address (CCP §1013, §1013a, §1013b): Ok CCP §1290.4 is not applicable. RELIEF REQUESTED Defendant, MBUSA, moves the Court for an order (i) compelling...

Excerpt: ...Opposition filed on 11/27/2023 and Amended Opposition filed 11/28/2023 Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Correct Address (CCP §1013, §1013a, §1013b): Ok RELIEF REQUESTED Plaintiff, Zaruk Hacikian, in the herein action (stylized Hacikian v. Matousi, et al. [Case No. 23GDCV00603]), who is also the Defendant in the small claims matter stylized Matousi v. Hacikian (Cas...

Excerpt: ...aint against B&W Automotive, Inc, a California Corporation, dba Bravo Chrysler Dodge Jeep Ram of Alhambra and FCA US LLC, a Delaware Limited Liability Company. The first cause of action for Violation of Song-Beverly Act – Breach of Express Warranty is alleged against FCA. The second cause of action for negligent repair is alleged against Bravo Chrysler Dodge Jeep Ram of Alhambra. Plaintiffs allege that on October 23, 2016, they entered into a w...

Excerpt: ...RROGATORIES— EMPLOYMENT (SET ONE) AND REQUEST FOR SANCTIONS (4) MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES— GENERAL (SET ONE); REQUEST FOR SANCTIONS MONETARY SANCTIONS Moving Party: Plaintiff Jessica Scimeca Responding Party: None as of November 29, 2023 Proof of service timely filed (CRC 3.1300(c)): OK Correct Address (CCP §§ 1013, 1013(a)): OK 16/+2 court day lapse (eservice) (CCP §1005): OK RELIEF REQUESTED: ...

Excerpt: ... or reply has been filed. BACKGROUND: On January 11, 2023, Plaintiffs filed a complaint against Defendant. The complaint alleged one cause of action for Violation of Song-Beverly Act – Breach of Express Warranty. Plaintiffs entered a warranty contract with Defendant FCA US LLC regarding a Jeep Cherokee. However, the Subject Vehicle contact defects and nonconformities during the express warranty period. After delivering the Subject Vehicle to an...

Excerpt: ...een filed. BACKGROUND: On August 2, 2023, Plaintiffs Martynas Jancius and Inga Irzekeviciute (“Plaintiffs”) filed a complaint against Defendants Mercedes-Benz, USA, LLC, Caliber Motors, Inc., dba Mercedes-Benz of Anaheim (“Defendants”) alleging three causes of action for (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, and (3) Negligent Repair. The complain...

Excerpt: ... Defendant Zart Art Printing, Inc., Plaintiff seeks an attachment of all corporate property pursuant to Code of Civil Procedure § 487.010, subdivision (c). As to the individual defendant Vaheh Mansourian, Plaintiff seeks attachment of all of his property that fall within the delineated types of property set forth in Code of Civil Procedure section 487.010, subdivision (c). BACKGROUND: Plaintiff Byline Bank (“Plaintiff”) brings this action to...

Excerpt: ...tiff Jemaeden Ramos upon the Court's ruling on this motion. This motion is based on Code of Civil Procedure sections 2025.280(a) and 2025.450, and Government Code section 68607 on the grounds that Plaintiff is attempting to frustrate HMA's ability to conduct necessary discovery by refusing to present for depositions. Good cause exists for granting this motion. Plaintiff filed the instant matter in May 2023, yet HMA's efforts to take Plaintiff's d...

Excerpt: ...ntiffs' First and Third Causes of Action for Quiet Title against Hratchia. Plaintiffs base this Motion on the grounds that the following undisputed facts establish that there is no genuine material dispute that Hratchia does not have an interest in either of the properties at issue in this action: (A) in this action, Plaintiffs have only two remaining claims against Hratchia— quiet title claims to each of 703 East Angeleno Avenue, Burbank, Cali...

Excerpt: ... FILE FAC] RELIEF REQUESTED Plaintiffs, Levon H. Bardakjian and Sylvia R. Bardakjian, will and hereby do move this Court for an order granting Plaintiffs leave to file a First Amended Complaint (FAC). This Motion is made pursuant to Code of Civil Procedure §§ 473(a)(1) and 576 and California Rules of Court Rule 3.1324 on the grounds that the requested amendment is in the interests of justice and supported by the facts alleged in the proposed Fi...

Excerpt: ...an order granting leave to file a cross-complaint against Defendant Juan Jose Beltran for indemnity. BACKGROUND On 06/02/2023, Plaintiff, Vardan Baghdasaryan, filed a Complaint against Defendants Juan Jose Beltran and Hovsep Hovsepyan. The allegations in the Complaint arise from a motor vehicle accident that occurred on 10/12/2022 on I-134. On 07/26/2023, Defendant, Juan Jose Beltran, filed a Cross-Complaint against Defendant, Hovsep Hovsepyan, a...

Excerpt: ...ve and confirm an award of attorneys fees in the amount of $134,515.00, and costs in the amount of $10,277.92, which represents the actual fees and costs incurred by ECJ since entry of the First ECJ Payment Order. In addition, ECJ requests that the Court order the approved fees and costs to be paid as an administrative expense of the receivership estate by the Replacement Receiver. ECJ's request for this supplemental order approving and confirmin...

Excerpt: ...r sustaining their demurrer to Plaintiffs' First Amended Complaint (FAC). Defendants Association, Hartounian, and Gevorgyani demur generally or specially to the first cause of action for “Fraud” on the following grounds: 1. The first cause of action for fraud fails to state facts sufficient to constitute a cause of action because (1) plaintiff Gonzalez has failed to allege fraud with the requisite specificity and/or appropriate and sufficient...

Excerpt: ...Associates, LLC; and Brookfield Properties Retail, Inc. (Galleria Defendants) Responding Party: No Opposition submitted by Plaintiff Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address (CCP §1013, §1013a, §1013b):Ok Moving Papers: Notice/Motion; Proposed Order; Hunt Declaration Opposition Papers: No Opposition submitted Reply: No Reply submitted RELIEF REQUESTED Galleria Defendants move ...

Excerpt: ...ries, Set One, under C.C.P. § 2030.290 and Request for Costs, Sanctions, and Attorney's Fees under C.C.P. §§ 2023.010 et seq. and 2030.290 et seq. against Defendant and/or the Attorney of Record, HESTER LAW GROUP, APC. Plaintiff will also seek sanctions, reimbursement of costs and attorney's fees against Defendant and its counsel of record, Hester Law Group, APC in the amount of $1,811.65 under Cal. Civ. Proc. Code §§ 2023.010 et seq. and 20...