Excerpt: ... Documentary Evidence 4. Compendium of Evidence 5. Declaration of Kathleen A. Stosuy OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Disputed Material Facts 3. Declaration of Waukeen McCoy 4. Declaration of Vinay Ginjupalli 5. Declaration of Philip Bickler, M.D. 6. Declaration of Daniel Brelian M.D. 7. Declaration of Elena Rubin, M.D. 8. Declaration of Andrew Pha...

Excerpt: ...nded Complaint is OVERRULED as to the first through fifth causes of action for money had and received, conversion, unjust enrichment, violation of Penal Code §496, and breach of fiduciary dut y and SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action for professional negligence. Defendant's Request for Judicial Notice of the Civil Cover Sheet and Complaint filed in BSI Group LLC, et al. v. EZ Banc Corp, et al. , Case No. 3:23-CV -012...

Excerpt: ...t, 47 U.S.C. § 230; 2. Demurrer to the entire Second Amended Complaint on the grounds it is barred by the First Amendment of the United Stated Constitution; and 3. Demurrer to the entire Second Amended Complaint for failure to state sufficient facts to constitute a cause of action against Reddit. TENTATIVE RULING: 1. Demurrer to the SAC is SUSTAINED in its entirety without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 2...

Excerpt: ...Chen entered into a written contract with defendant V -Stream Aviation Corp. for a one -way private jet aircraft charter from Maui Hawaii to Van Nuys California. The flight date was scheduled for April 15, 2022 at a cost of $47,600. Plaintiff Becky Yue was an intended co -passenger. On April 8, 2022, Chen cancelled the charger via email “due to covid -19 exposure” with a confirmed positive test result. Chen subsequently requested a refund bas...

Excerpt: ... Ktown Plaza, LLC (Plaintiff) filed its Complaint against Defendant Korean Shopping Center, Inc. (KSC) on November 27, 2023. Upon learning that the Shopping Center had been sold to INI Investment Corp. on September 9, 2022, Plaintiff filed its First Amended Complaint on December 20, 2023 to add INI Investment Corp. as a defendant. Defendant INI Investment Corp. filed its Answer to the First Amended Complaint on February 6, 2024. On February 21, 2...

Excerpt: ...the other motions by Union Pacific Railroad. Moving party to give notice. 2. 2. Union Pacific Railroad Company's Motion for Summary Judgment Or, In The Alternative, Summary Adjudication As to Plaintiff State Farm General Insurance Company's Complaint Union Pacific Railroad Company's Motion for Summary Judgment Or, In The Alternative, Summary Adjudication As to Plaintiff State Farm General Insurance Company's Complaint is CONTINUED TO 05/21/2024, ...

Excerpt: ...ed Complaint The court considered the moving, opposition, reply, and sur -reply papers. The court SUSTAINS defendant Superior Court of California, County of Los Angeles's demurrer to First Amended Complaint, with 20 days leave to amend. Moving Party: Defendants The State Bar of California, Craig Eugene Holden, and Robert A. Hawley Responding Party: None (1) Demurrer to First Amended Complaint The court considered the moving and opposition papers....

Excerpt: ...nded Complaint is OVERRULED. Defendant's Request for Judicial Notice of the Civil Cover Sheet and Complaint filed in BSI Group LLC, et al. v. EZ Banc Corp, et al. , Case No. 3:23-CV -01270BSM is GRANTED. I. California Commercial Code §11101, et seq. (“UCC4”) Defendant argues California Commercial Code §11101, et seq. (“UCC4”) “preempts” all of Plaintiff's causes of action. Defendant relies on Zengen, Inc. v. Comerica Bank (2007) 41 ...

Excerpt: ...ded Complaint (“FAC”) filed by Plaintiffs David Sanchez and Apple Ma rkets, Inc. (“Apple Markets”) (collectively, “Plaintiffs”). The Court OVERRULES the demurrer. Background This is an insurance case. The following facts are taken from the FAC. In January 2017, Infinity Select issued a commercial auto liability policy (the “Policy”) to “David Sanchez dba Apple Market.” While the Policy was in effect, an employee of Apple Marke...

Excerpt: ... Representative of The Arolyn Burns Trust (“Moving Defendants”) RESPONDING PARTY : Plaintiffs Wesley Barry Ross and Candy Peak Ross (“Plaintiffs”) SERVICE: Filed April 5, 2024 OPPOSITION: Filed April 18, 2024 REPLY: Filed April 25, 2024 RELIEF REQUESTED Moving Defendants demur to Plaintiffs' eighth cause of action for fraud and move to strike punitive damages from the Complaint. BACKGROUND On September 26, 2023, Plaintiffs this action aga...

Excerpt: ...antopietro filed his Complaint against James Harden, Jeff Wiseman, Patrick Michael, Lia Vasdekis, LA Estate Rentals LLC, and Solimar Management LLC. The causes of action arise from damage that allegedly occurred after these individuals and corporate entities rented George Santopietro's real property. On February 20, 2020, Jeff Wiseman and Solimar Management LLC filed their Cross -Complaint against George Santopietro. On April 13, 2020, LA Real Es...

Excerpt: ...amend. The action is dismissed. BACKGROUND On December 26, 2023, Deuk Lee (“Plaintiff”) filed a Complaint against Mark Yang (“Mark”); Jean S. Yang (“Jean”) and The Living Trust of Jean S. Yang, Dated July 27, 2018 (the “Trust”); and Does 1 to 50. The Complaint alleges three causes of action: (1) Fraudulent Transfer under the Uniform Transfer Act (Civ. Code § 3493), (2) Common Law Fraudulent Transfer; and (3) Conspiracy to Defraud...

Excerpt: ...rated a medical practice out of a building he owned on San Vicente Boulevard. Plaintiff alleges that beginning in early 2022, “a tent city was erected around Dr. Wright's medical practice.” (FAC, ¶ 11.) The encampment presented health and safety risks. On February 4, 2023, a fire broke out at the encampment which damaged Dr. Wright's building and surrounding properties. Prior to the fire, Dr. Wright and his staff c alled the Los Angeles Poli...

Excerpt: ...2024 RELIEF REQUESTED Defendants demur to Plaintiffs' sixth cause of action for fraudulent inducement, and fifth cause of action for negligent repair. BACKGROUND This is a lemon law case. Plaintiffs allege that on December 16, 2019, they entered into a warranty contract with Defendant Ford Motor regarding a 2019 Ford Ranger. Plaintiffs allege that defects and nonconformities to warranty manifested themselves within the applicable express warranty...

Excerpt: .... TENTATIVE RULING: The demurrer is SUSTAINED with LEAVE TO AMEND. BACKGROUND On October 30, 2023, Plaintiff Rodolfo Arreola (“Plaintiff”) initiated this action against Defendant and Does 1 -10. The Complaint alleges three causes of action: (1) Negligence, (2) Conversion, and (3) Unfair Business Practices. On March 25, 2024, Defendant filed the instant Demurrer (the “Demurrer”). No opposition papers have been received by the Court. ANALYS...

Excerpt: ...8W3DTXNED42881 (collectively, “Trucks”). The court has read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff North filed the Complaint against Defendant Long on March 12, 2024, alleging (1) breach of written agreement; (2) account stated; (3) indebtedness; (4) conversion; and (5) claim and delivery. The Complaint alleges in pertinent as fol...

Excerpt: ...y the same issue before this Court. The Court will explain in even more detail than it did in March of 2023 and in February of 2024 why this repeated mis -interpretation of prior rulings of the Court is erroneous. On December 9, 2022, the Court stayed further judicial proceedings at the trial level of this case pending Plaintiff's appeal of the Court's granting of a defense motion for summary judgment. The Court did NOT stay other activities by P...

Excerpt: ... to Strike The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the third cause of action and SUSTAINED WITH TWENTY DAYS LEAVE TO AMEND as to the fourth and sixth causes of action. The motion to strike is DENIED as to paras. 35, 37 (under first cause of action for assault), 41, 43 (under second cause of action for battery), and 48, 50 (under third cause of action for IIED) and prayer for punitive d...

Excerpt: ... . . . to apprise the defendant of the basis on which the plaintiff is seeking relief.” E.g., Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. The SAC fails to address the deficiencies the court identified in the FAC. All causes of action in the SAC are alleged with a similar formula as the FAC. All preceding paragraphs are re- alleged, and plaintiff states defendant engaged in conduct constituting the elements of the claim. This is insuff...

Excerpt: ...icle is equipped with a defective 10 -speed transmission that can cause the subject vehicle to experience hesitation and/or delayed acceleration; harsh and/or hard shifting; jerking, shuddering, and/or juddering ("Transmission Defect"). FMC knew or should have known about the Transmission Defect before the sale of the subject vehicle. On December 5, 2023, Plaintiff filed a complaint, asserting causes of action against FMC, Ford of Upland ...

Excerpt: ...re each subject to judicial notice for their existence, contents, and legal effects. The court grants judicial notice of exhibits A through F. Leave to File First Amended Complaint Courts have discretion to permit an amendment to any pleading “in furtherance of justice, and on any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring...

Excerpt: ...nvestments, LLC (“Plaintiff”) was not the initial owner or landlord under the l ease; at no time has Plaintiff given Defendants notice of a change in ownership; Plaintiff did not enter into a lease agreement with either Defendants; Plaintiff lacks standing to demand rent because a change of ownership was not provided under Civil Code 1962; and Plaintiff had previously declared that the lease was forfeited, such that Plaintiff is entitled only...

Excerpt: ...City of LA”), City of Calabasas, and Does 1 through 100 for injuries arising from a slip and fall. Plaintiff alleges she was riding her bicycle on July 22, 2020 on Valmar Road at or near the intersection with Brenford Street when her bicycle slid on the water and algae in the street, causing her to fall and sustain injury. (FAC at ¶ 11.) Plaintiff sets forth two causes of action for (1) dangerous co ndition of public property against all defen...

Excerpt: ...the demurrer and motion to strike filed by Defendant Aracely Santoyo is CONTINUED to Tuesday, June 4, 2024 at 8:30 AM in this department so that the parties can engage in meet and confer discussions. Defendant has not satisfied the meet and confer requirement pursuant to CCP §§ 430.41 and 435.5. Background This is an action arising from the alleged wrongful possession of a mobilehome. On October 11, 2023, Plaintiff Judith Collie (“Plaintiff�...

Excerpt: ...on against the City of Los Angeles (sued as the “Los Angeles Police Department”) (hereafter, the “City”).¿ On March 25, 2022, the court sustained the City's demurrer, in part, without leave to amend as to Plaintiff's First Cause of Action for Willful Perjuries, the Serious Violation of the Federal Laws. On January 5, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”).¿ The FAC alleges causes of action for (1) Willfu...

Excerpt: ...fused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application s hall state by affi...

Excerpt: ...de of Civil Procedure sections 403.010 through 403.090, the entire action is ordered reclassified as a civil unlimited jurisdiction case. Counsel for Plaintiff is ordered to pay the reclassification fees within 20 -days from this Court's Ruling BACKGROUND On June 6, 2022, Plaintiff Phillip A Newman (“Plaintiff”) filed this action against Defendants Custom Creation (an unknown entity), Levi Smith, and Does 1 to 50, asserting causes of action f...

Excerpt: ...ntiff”) and moves for an order reducing the jury's verdict for noneconomic damages in favor of Plaintiff. The Court has considered all the parties' filings on this issue, including the unauthorized sur -opposition by Plaintiff and the unauthorized response to the sur- opposition by Defendant. It appears based on the authorities cited by the parties that Defendant is correct. Based on these authorities, the Court tentatively concludes that the n...

Excerpt: ...of Objections. Evidentiary Objections : Overruled . Defendant objects to the following portions of Andrew V. Jablon's Declaration: OBJECTION NO. 1: Paragraph 5, page 10, lines 21 -22: “Upon receiving the RFAs and Form Interrogatories (collectively, the ‘Discovery'), it was forwarded to a legal assistant for calendaring, as is the custom and practice of RPB.” Lack of persona l knowledge (Evid. Code § 702(a)) OBJECTION NO. 2: Paragraph 6, pa...

Excerpt: ...) (collectively, (“Defendants”) move for judg ment on the pleadings as to the Complaint filed by Plaintiff Morgan Bottehsazan (“Plaintiff”). The Court DENIES the motion as to the first and fourth claims. The Court GRANTS the motion WITH LEAVE TO AMEND as to the second, third, and fifth claims. Background This case relates to a real estate transaction. The following facts are taken from the allegations of the Complaint, which the Court acc...

Excerpt: ...t defendants Raul Sanchez Ortiz, Maria Gonzalez de Sanchez, Raul Sanchez, Jr. (Doe 1), and Does 2 to 10 for injuries arising from a December 4, 2021 motor vehicle collision. On January 30, 2023, defendants Ortiz, Gonzalez de Sanchez, and Raul Sanchez, Jr. (Doe 1) (collectively, “Defendants”) filed their Answer to the complaint. Defendants simultaneously filed a cross -complaint against Plaintiff and Roes 1 -25 for (1) declarator y relief, (3)...

Excerpt: ...omplainant American Contractors Indemnity Company in connection with Contractor's License Bond, Bond No. 100710093 discharged. Upon the deposit of $23,000, the Court awards Defendant/Cross- Complainant American Contractors Indemnity Company reasonable attorney fees and expenses in the sum of $2,000 as allowance for costs and expenses incurred in this proceeding. Defendant and Cross-Complainant Old Republic Surety Company to give notice. REASONING...

Excerpt: ...ndant's motion for summary judgment. On October 20, 2023, the Court entered judgment for Defendant and against Plaintiff. On November 1, 2023, Defendant filed a Memorandum of Costs. On December 11, 2023, Defendant filed this motion for attorney's fees. On April 19, 2024, Plaintiff filed an opposition. On April 25, 2024, Defendant filed a reply. II. LEGAL STANDARD Defendant moves for attorney's fees on the grounds that they are entitled to attorne...

Excerpt: ...erica, LLC, and Triunity JLRNA, LLC, alleging his Land Rover vehicle exhibited an overheating engine and other defects. On February 23, 2024, Plaintiff filed a Notice of Settlement. Pursuant to the settlement, Plaintiff now moves to recover his reasonable attorney's fees and costs. Defendants opposed. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART, in the total amount of $31,500.00. Plaintiff is also awarded costs in ...

Excerpt: ...g -Beverly Act – Civil Code 1793.2 4. Fraud 5. Violation of Business & Professions Code 17200 6. Negligent Repair RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer “For…exemplary or punitive damages… .” (Prayer, Item f, p.23:20). RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises from Plaintiff Elya...

Excerpt: ... based on alleged substandard conditions at Plaintiffs' apartments, which are managed by Defendant. The causes of action in the First Amended Complaint (“FAC”) filed on 10/25/23 are: 1) Negligent Violation of Statutory Duty; 2) Intentional Violation of Statutory Duty; 3) Tortuous Breach of Warranty of Habitability; 4) Breach of Covenant of Quiet Enjoymen t; 5) Nuisance; 6) Negligence; 7) Intentional Infliction of Emotional Distress; and 8) Co...

Excerpt: ...and batery and other employment - related claims. II. ARGUMENTS Defendant demurs to all claims on grounds they are barred by res judicata and collateral estoppel. Plain�ff previously li�gated the claims as part of her defenses to the unlawful detainer ac�on (“UD ac�on”) which was finally li�gated in Defendant's fa vor. In opposi�on, Plain�ff argues that her employment -related claims were never li�gated. The UD ac�on adju...

Excerpt: ...OCEDURE § 170.6 CHALLENGE TO JUDGE COCHRAN Order to Show Cause re why the court should not, on its own motion, (1) reconsider and vacate Judge Cochran's March 5, 2024 order accepting plaintiff/relator Newton W. Kellam's March 4, 2024 Code of Civil Procedure section 170.6 challenge against Judge Coc hran and reassigning this matter to Judge Robert B. Broadbelt in Department 53 for all further proceedings, and (2) issue a new order denying plainti...

Excerpt: ...Group, Inc.; Sierra Medical Group, Inc.; and Coastal Communities Medical Group, Inc. OPPOSING PARTY Plaintiff CEP America -California MOTION Defendants Heritage Provider Network, Inc; Regal Medical Group, Inc; Lakeside Medical Organization, a Medical Group, Inc.; Oasis Independent Medical Associates, Inc.; Desert Medical Group, Inc.; High Desert Medical Corporation, a Medical Group; Affiliated Doctors of Orange County Medical Group, Inc.; Sierra ...

Excerpt: ...0 days leave to amend. Plaintiffs Larisha Perkins (“Perkins”) and Isaiah Sampson (“Sampson”) (collectively, “Plaintiffs”) move unopposed to strike Defendants SBDTLA 1, LLC's; SBDTLA 2, LLC's; SBDTLA 3, LLC's; SBDTLA 4, LLC's; and Greystar California, Inc.'s (collectively, “Answering Defendants”) answer (“Answer”) to Plaintiffs' Complaint, or in the alternative, strike portions of the Answer, specifically, portions claiming Pla...

Excerpt: ...not show proper service of the second amended answer. Vydrug provides no authority for striking an answer because it was not served properly. Moreover, Vydrug specifically addresses “evidence of service” and a defect in the “Declaration of Service.” (Motion, p. 15.) Vydrug has a copy of the second amended answer. Whether the proof of service is erroneous or false makes no difference. B. Verification Vydrug argues defendants' verifications...

Excerpt: ...ests for judicial notice are granted . Summary of Pleadings Plaintiff AMG & Associates, Inc. (AMG)'s operative first amended complaint alleges defendant LAUSD breached five contracts. LAUSD filed a cross -complaint against AMG alleging five causes of action for breach of the same contracts, a sixth cause of action for declaratory relief against AMG, and a seventh cause of action for declaratory relief against Travelers as AMG's surety. Right to T...

Excerpt: ...position on April 29, 2024. Discussion “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” ( Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the awa...

Excerpt: ...n (“Arbitrator Burstein”) issued an arbitration award in favor Petitioner Directors Guild of America, Inc. (“Petitioner”) and against Respondents Bontempo Productions, LLC (“Bontempo”), Cayman Filing Holdings Lim ited (“Cayman”), CAPCO Group, LLC (“CAPCO”), and Capitol Films Limited (“Capitol”) (collectively, “Respondent”) in the principal sum of $62,686.06 ($37,511.25 in residuals and $25,174.71 in late charges). The ...

Excerpt: ...t” or the “Commission”) to set aside its decision (“Decision”) denying Petitioner's applic ation for an exemption from the Commission's coastal development permit (“CDP”) requirements to replace a portion of a lanai terrace structure (the “Lanai”) that is located on the beach at Petitioner's club. Petitioner contends that the Lanai was damaged as a result of severe winter storms in January 2023, and sought an exemption that appl...

Excerpt: ... to compel arbitration is granted and the action stayed. SUMMARY OF ACTION On January 30, 2018, Defendant RAF Development LLC (RAF), the Seller of the property at issue in this case, entered into a Residential Purchase Agreement with Plaintiffs Shawn Thursby -Palmer and Benjamin Thursday (Plaintiffs). Around the time of the sale o f the property, RAF, Defendant Horizon Underpinning (Horizon), and Glenn E. Farmer (Farmer) had just completed extens...

Excerpt: ... to compel arbitration is granted and the action stayed. SUMMARY OF ACTION On January 30, 2018, Defendant RAF Development LLC (RAF), the Seller of the property at issue in this case, entered into a Residential Purchase Agreement with Plaintiffs Shawn Thursby -Palmer and Benjamin Thursday (Plaintiffs). Around the time of the sale o f the property, RAF, Defendant Horizon Underpinning (Horizon), and Glenn E. Farmer (Farmer) had just completed extens...

Excerpt: .... a. Damages Plaintiff's Complaint alleges fifteen causes of action for (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Breaks; (3) Failure to Pay Overtime Wages; (4) Failure to Furnish Accurate Itemized Wage Statements; (5) Failure to Pay All Wages Owed; (6) Failure to Pay Waiting Time Penalties; (7) Failure to Provide Complete Access to Employee Personnel File and Payroll Records in Violation of Labor Code §§ 226, 432, and 11...

Excerpt: ...rocedures are designed to shield a defendant's constitutionally protected conduct from the undue burden of frivolous litigation.” ( Baral v. Schnitt (2016) 1 Cal.5th 376, 393.) “The anti -SLAPP statute does not insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedure for weeding out, at an early stage, meritless claims arising from protected activity.” ( Id. at 3...

Excerpt: ...ict (the “District” or “Petitioner”) terminated Jose Martinez (“Martinez”), who worked as a security guard at the school, after he failed to comply with a resolution mandating all Distric t employees be vaccinated against Covid-19 by October 15, 2021. Martinez appealed his termination to the Personnel Commission of the District. Following a hearing, the Personnel Commission adopted the recommendation of the hearing officer and ordered...