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