Excerpt: ...emises from Defendant. Plaintiff alleges the premises suffered from multiple serious habitability issues, including persistent water intrusion, black mold, lead and asbestos. Plaintiff alleges she suffered serious health issues as a result of these conditions. Plaintiff alleges her property was damaged due to the water intrusion. Plaintiff alleges Defendant did not reimburse her for the property damage or the rent she paid him during the time whe...

Excerpt: ... and handling “two ragin g litigation matters,” Plaintiff also contributed more than 2,000 hours of work in other “important and lucrative civil matters” for the firm. While the parties engaged in some form of moderately specified compensation agreement, Plaintiff maintains Defendant in fact “stiffed” Plaintiff on some or all promised compensation, notwithstanding the tremendous wealth of Mark Geragos. While the parties sought a compe...

Excerpt: .... PROCEDURAL HISTORY On December 12, 2023, Plaintiff filed the operative, first amended complaint (“FAC”) against Defendant for breach of service contract and common counts. Defendant has answered the FAC and also filed a cross- complaint for breach of contract. On January 25, 2024, Plaintiff filed the instant application for writ of attachment, and on May 2, 2024, Defendant filed its opposition. LEGAL STANDARD “Upon the filing of the compl...

Excerpt: ...ch of contract, unjust enrichment, conversion, and fraudulent inducement. Plaintiff alleges that Paul Nutall, Tiffany Nutall, and Michael Harris began a partnership in 2019 titled 2ndChance Organization (2ndChance). In November 20 19, 2ndChance contacted Plaintiff to borrow money to fund a television project. 2ndChance represented it had a contract to broadcast twenty- four TV shows using Fox and its affiliate channels and that the project would ...

Excerpt: ... encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On October 13, 2023, Plaintiffs Bak Auto Enterprise Inc. and Ashot Keshishyan filed the operative Complaint against Defendants City of Los Angeles, County of Los Angeles, State of California, and California Department of Transportation asserting causes of action for (1) dangerous condition of public property and (2) nuisance. The allegations of the Complai...

Excerpt: ...ks and Andrew Dinksy I. BACKGROUND This is a construction defect case. David Bilfeld (“Bilfeld”) and his company, 1978, LLC, were in the business of developing and building residential homes. In 2018, Plaintiff Cathy Arkley (“Plaintiff”) entered into an agreement to purchase a residential property located at 462 N. Croft Avenue, Los Angeles, California 90048 (the “Subject Property”) from Bilfeld and his company. Douglas Elliman of Cal...

Excerpt: ...must be apparent on the face of the pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise t...

Excerpt: ...to amend. BACKGROUND This is a personal injury action in which Plaintiff alleges that on 2/16/21, he was injured in a motor vehicle collision between his vehicle and that operated by defendants Uber Technologies, Inc. and Guillermo Neuenschwander Grupp. (Compl. p. 5.) On 1/20/23, Plaintiff filed his complaint against Defendants, alleging the following causes of action: (1) Motor Vehicle Negligence; and (2) General Negligence. On 9/21/23, Cross -C...

Excerpt: ...Defendant John Chickanis 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 ou tside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a dem...

Excerpt: ...TAINED WITHOUT LEAVE TO AMEND. BACKGROUND On December 19, 2022, plaintiff Jack Chueng dba Three -C Co (self -represented) filed an unlawful detainer complaint against David Tran and Vortex Alliance based on a three- day notice to perform covenants or quit dated June 30, 2021 at the property at 14909 South Crenshaw Blvd., #201, Gardena, CA 90249. On March 3, 2023, the court granted defendant Vortex's motion to quash service of summons and complain...

Excerpt: ...��OAH”) and Clothilde V. Hewlett in her official capacity as Commissioner of the Department of Financial Protection and Innovation of the State of California (the “Commissioner” or the “DFPI”) (collectively, “Respondents”). Atlas, an investment adviser, filed a Form ADV-W to withdraw its investment adviser registration as part of its plan to cease operations. However, the DFPI issued an order refusing to accept the surrender until i...

Excerpt: ...e City”) for damages arising out of a trip and fall over a displaced section of a concrete walkway. The initial complaint alleged a single cause of action for prem ises liability. On March 7, 2024, the Court granted the City's motion for judgment on the pleadings with leave to amend to provide Plaintiff the opportunity to allege statutory authority for her claims against a public entity. (Min. Order, March 7, 2024.) Plaintiff was ordered to fil...

Excerpt: ...laint on March 4, 2024, naming as Defendants the State of Cali fornia and the California Department of Financial Protection and Innovation. Through this action, Plaintiff challenges Financial Code section 3902, which states that “[a]n operator shall not accept or dispense more than one thousand dollars ($1,000) in a day from or to a customer via a digital financial asset transaction kiosk.” Plaintiff alleges that the daily cap harms cryptocur...

Excerpt: ...facts to revive Plaintiff's claims; 2. Demurrer to the Ninth Cause of Action for Negligence because the Complaint is barred by the statute of limitations and for failure to state sufficient facts to revive Plaintiff's claims; 3. Demurrer to the Eleventh Cause of Action for Aiding and Abetting because the Complaint is barred by the statute of limitations and for failure to state sufficient facts to revive Plaintiff's claims and plead that Liquid T...

Excerpt: ...ainty. For the reasons discussed below, the FAP states a cause of action for mandate. Accordingly, the demurrer is overruled. SUMMARY OF PETITION As relevant to this demurrer, the FAP alleges the following: On October 10, 2022, the Artesia City Council passed, approved, and adopted City Ordinance No. 22- 929 for the zoning of cannabis businesses within the City. (FAP ¶ 15.) Pursuant to Artesia Municipal Code (“AMC”) section 3 -2.802(a)(3)(ii...

Excerpt: ...Balakhaneh (Defendants), in addition to Pacific Eurotex Corp. (Co -Lessor). The SAC alleges the following causes of action: breach of lease, breach of joint venture agreement, breach of warranty of good faith and fair dealing, breach of fiduciary duty, conspiracy to defraud, negligence, conversion, rescission of contract, declarat ory relief, and violation of Business and Professions Code section 17200. On November 21, 2023, Defendants filed this...

Excerpt: ...ction of Documents, Set One 4. Yokohama Group, Inc.'s Motion to Compel the Depositions of Cross-Defendants Jayi Chiang, Jailin Chiang, and the Person Most Knowledgeable from Cross - Defendant 95 Kitchen Inc. TENTATIVE RULING Jayi Chiang, Jailin Chiang, and 95 Kitchen Inc.'s Demurrer to Second Amended Cross - Complaint is sustained without leave to amend, in part, and overruled, in part. Marcia Pyin-Shan Chiang, Jayi Chiang, Jailin Chiang, and 95 ...

Excerpt: ...e and she could make payments. ( Id., ¶ 17.) On or about November 3, 2019, Defendant purchased a 2020 Land Rover Evoque in his name with a down payment of $40,000 and financed the balance. ( Id., ¶¶ 18- 19.) On or about December 16, 2019, Plaintiff repaid Defendant for the down payment with a $40,000 check. ( Id., ¶ 21.) Plaintiff made the payments on the VEHICLE except when Defendant was living in Plaintiff's home or when Defendant prevented...

Excerpt: ...a 30 -day suspension. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. The Petition Petitioner LACMA filed the Petition against Respondent Commission on July 17, 2023, alleging one cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Petitioner County is a public entity and legal subdivision of the State ...

Excerpt: ...sentation requirement of Government Code section 945.4. BACKGROUND This case arises out of Petitioner's claim she was injured by a hazardous and negligently maintained roadway while riding on her moped in a reasonable manner. TENTATIVE RULING Petitioner's petition for an order for relief from the requirements of Government Code section 945.4 is GRANTED. DISCUSSION Petitioner seeks relief from Government Code section 945.4. “ The procedural requ...

Excerpt: ..., Unit 405, Santa Monica, California (the “Premises”) to Defendant So Yun Song (“Tenant”). Tenant allegedly failed to pay rent from February 2022 through January 2023. Landlord served a 3 -Day Notice to Pay Rent or Quit. Tenant failed to quit the p remises or pay rent, and this action ensued. Trial was scheduled for April 3, 2024 at 8:30 a.m. Defendant sought from Plaintiff an agreement to seek a continuance of the trial to which Plaintif...

Excerpt: ...g from Plaintiff Danya Campbell's lease of a 2018 BMW 530e. (Complaint ¶ 6.) This matter came on for trial on March 13, 2023, and the jury rendered its verdict on March 24, 2023, finding in Plaintiff's favor on the implied warranty claim in the amount of $10,882.47. On July 12, 2023, this court denied Plaintiff's motion for new trial. On January 10, 2024, this court denied Plaintiff's motion to invalidate Defendant's section 998 offer. Plaintiff...

Excerpt: ...suit against Full Circle Real Estate Solutions, Inc., Danny Elia the Mum Group, Marvin U. Mangabat, and Erik Lederman, alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code section 2945, et seq.; (9) financial elder abuse; and (10) declaratory relief. On 3/7/2024, Defendants Full Circle Real...

Excerpt: ...s. I. Background A. Pleadings On August 10, 2020, Plaintiff The Law Firm of Fox and Fox (Fox & Fox) initiated this action by filing a Complaint alleging claims of (1) Breach of Contract and (2) Common Counts against Defendants David J. Itzikman and Does 1 through 10. The claims arose from allegations that Fox & Fox “represented Defendant [Itzikman] in the dissolution of marriage matter, filed in Los Angeles Superior Court, Case Number BD 646 62...

Excerpt: ...ed default against Defendant on June 7, 2022. On July 29, 2022 and April 11, 2023 the Court denied Plaintiff's requests for entry of default judgment without prejudice. The April 11, 2023 Order also stated: “If the Plaintiff is unable to obtain a Default Judgment, the Court may Dismiss the action. (See Code of Civil Procedure §§583.410, 583.420, subd.[a][2][B]; California Rules of Court, Rule 3.1340[a].)” On September 19, 2023, the Court ag...