Excerpt: ...on/Fraud. The Court GRANTS the motion to strike as to request nos. 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 16. The Court DENIES the motion to strike as to request nos. 1, 2, 3 and 9. Given the number and nature of allegations stricken, the Court orders Plaintiffs to file and serve a Fourth Amended Complaint within 10 days of the Court's order, solely removing all of the allegations stricken in this Motion to strike by Georges and Prager, as wel...

Excerpt: ...loyment dispute with the University of Southern California (“USC”). (Compl. ¶ 1.) Plaintiff alleged she had been wrongfully ter minated and also claimed whistleblower retaliation and discrimination. ( Id.) Plaintiff alleges the following negligent acts by Defendant in connection with its representation of Plaintiff in the underlying employment case: First , Plaintiff claims Defendant, without her consent, filed an arbitration demand in JAMS ...

Excerpt: .... Background Plaintiffs' Complaint was filed on March 18, 2024. Plaintiffs allege the following facts. Plaintiffs obtained a first lien mortgage loan secured by the property located at 44 Buckskin Lane, Rolling Hills Estates, CA 90274, through a Deed of Trust, recorded on May 5, 2016. Plaintiffs suffered from financial hardship. On or around July 12, 2022, Plaintiffs entered into a loan modification agreement with Bank of America. Thereafter, Ban...

Excerpt: ...e “federal cause of action”), as well as a series of common law claims. Plaintiff filed this action on April 17, 2024, and JPMorgan Chase Bank filed a notice of removal on April 18, 2024, based upon the federal question. The notice of removal “shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” (28 U.S.C. § 1446(d).) Plaintiff suggests that he intends to dismiss his federal cause ...

Excerpt: ...Mark Ghaly; California Department of Public Health (CDPH); CDPH Director Dr. Tomá s Aragón; California Department of Health Care Services (DHCS); DHCS Director Michelle Baass; and Attorney General Rob Bonta RESPONDING PARTY(S) : Plaintiffs Mary Matthias, Chris Lugatiman, Toni Johnson, and A Voice for Choice, Inc. REQUESTED RELIEF : Sustain demurrer without leave to amend. TENTATIVE RULING : Demurrer is SUSTAINED, without leave to amend. STATEME...

Excerpt: ...n Defendant argues that Plaintiff's Complaint is invalid because it is not properly verified, and because Plaintiff does not have standing to pursue this action. After review, the Court agrees only in part. As to the first contention, Defendant argues that the Complaint is not properly verified because it is verified by the property manager, and Defendant, as a corporation, must provide verification from an officer. However, CCP section 446 expre...

Excerpt: ...nd Amended Complaint on February 23, 2024. The SAC adds Defendant s Carlos Carillo, an individual named Robert, Steve Ballesteros, Stacie Colmon, and John Scanlan. On March 19, 2024, Defendant AUSD filed the instant demurrer and motion to strike. Plaintiff filed his opposition on April 1, 2024. Defendant filed its reply on April 17, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mir...

Excerpt: ...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 the defendant of the ...

Excerpt: ...isco Puertas, and Sandy Segovia RESPONDING PARTIES: Plaintiffs Alan M. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and Elenita A. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust Demurrer to Operative Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. DISCUSSION Plaintiffs Alan M. Bagamaspad, individually and as trust...

Excerpt: ...rd Cause of Action. SUMMARY OF ACTION Plaintiff Carol Harmell (Plaintiff) filed this action on September 11, 2023. In her complaint, Plaintiff alleges that she hired former attorney Larry L. Nash (Defendant) to handle matters related to certain trusts and the loss of Plaintiff's house. Unbekno wnst to Plaintiff, at the conclusion of those matters in 2017, Plaintiff was found to be entitled to $181,295.84 from a partition action. This amount was o...

Excerpt: ...ent under Evidence Code 452(d). The court does admit the document for its truth. Negligence To state a claim for negligence, one must allege (1) duty, (2) breach, and (3) injuries. See, e.g., CACI 400; McIntyre v. Colonies -Pacific, LLC (2014) 228 Cal.App.4th 664, 671. Lyft asserts plaintiff does not sufficiently allege duty because plaintiff was neither a user of the Lyft platform nor a passenger. The complaint alleges Lyft owed a duty to act be...

Excerpt: ...: • 04/03/23: Complaint filed. • 10/17/23: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of a rental contract. Plaintiff alleges that Defendants failed to pay rent on a commercial lease agreement. Cross -Defendants Nicole Management, LLC, Masoud Omrany, and Ramin Omrany demur and move to strike the cross- complaint. TENTATIVE RULING: Cross -Defendants' Motion to Strike the Cross -Complaint...

Excerpt: ...n for unlawful retaliation (Lab. Code, § 1102.5) and second cause of action for breach of contract, and sustained without leave to amend as to the third cause of acti on for violation of the Peace Officer's Bill of Rights. Plaintiff is granted 30 days leave to amend. The court sets the OSC RE: Amended Complaint for May 31, 2024, at 8:30 a.m. Defendant County to give notice. BACKGROUND On June 8, 2023, Donald Rubio (“Plaintiff”) filed a Compl...

Excerpt: ...nto issue the first cause of action (COA) for declaratory relief and the second COA for breach of the covenant of quiet enjoyment. Discussion At the prior demurrer to the original complaint heard on January 10, 2024, the Court sustained the demurrer and required Plaintiff to amend the pleading to add factual allegations regarding an actual controversy under the declaratory relief COA and to add factual allegations regarding the alleged misconduct...

Excerpt: ...Burbank Senior Villa West ("LBC"), Burbank Senior Villa West, Trion Solutions Inc. Orion"), Kornland Building, and Paul Lawrence Dunbar Haney IV ("Haney") for wrongful death (Labor Code 53601) and premises liability. Plaintiffs, the parents of decedent Moncerrat Vargas ("Decedent'), allege Decedent was an employee of LBC/Trion/ Burbank Senior Villa West. After Haney was terminated from his employment with defendants, Haney stabbed Decedent when D...

Excerpt: ...oldings, LLC Demurrer to Second Amended Complaint The Court considered the moving papers, opposition, and reply. The Demurrer is overruled. Defendants Julio Jones and Sharod “Roddy” White to answer in 20 days. Background Plaintiff SLW Holdings, LLC invested approximately $4,240,000 into two cannabis business ventures based on Defendants Tyrone Freeman, Wolfgang & Associates LLC, Daude Sherrills and Lamarr House fraudulent misrepresentations. ...

Excerpt: ...ed Complaint filed. • 02/27/24: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and conversion. Plaintiffs allege that Defendant failed to adhere to an oral agreement between the parties and misappropriated corporate assets and trade secrets. Defendant demurs to portions of the Second Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. ...

Excerpt: ...LAPP) is GRANTED. All causes of action within Plaintiff Adam J. Tenser's First Amended Complaint are stricken as to Defendant Jay Levine. Defendant Jay Levine meets his burden to prove the Plaintiff Adam J. Tensor's claims arises from constitutionally protected speech. Plaintiff Adam J. Tensor does not meet his burden of proving the probability of prevailing on all claims in the FAC as to Defendant Jay Levine. Defendants RJN are GRANTED as to the...

Excerpt: ...une 24, 2021, the court denied the petition without prejudice. On October 20, 2021, the court denied the amended petition without prejudice. On August 31, 2021, Petitioner filed the instant third petition to confirm the arbitration award. On October 31, 2023, Pratella filed a Response to the third petition. On May 3, 2023, the court issued the followed minute regarding the status conference: “Supplemental briefs are allowed but not required. Br...

Excerpt: ...MMARY OF ACTION AND ANALYSIS It is unclear if Plaintiff Christopher Mack (Mack), trustee for the Lamb Mooie Trust, or Wayne R. Tanaka (Tanaka), also listed as trustee and the one who signed the affidavits, filed the motion. Whatever the case, the moving party, in pro per, has requested that the Court issue an order to show cause re: contempt against Defendant Julio Torres (Torres). It appears that the moving party has moved for this order pursuan...

Excerpt: ...o, Erick Carrasco, and others. Saroyan dismissed the Carrascos on December 19, 2023. On December 26, 2023, the Carrascos each filed a memorandum of costs, each requesting $2,051.64 in costs. On January 12, 2024, Saroyan filed motions to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasona...

Excerpt: ...Defendants”) RESPONDING PARTY: Plaintiff David Seyde (“Seyde”) The Court has considered the moving, opposition and reply papers. THE MOTION On March 7, 2024, Moving Defendants filed the instant motion (the “Motion”) to disqualify the law firm of Miller Barondess LLP (“Miller”) from any further representation of Plaintiff and Cross -Defendant Seyde and Cross -Defendant Porter 24, LLC (“Porter”). On April 4, 2024, Plaintiff Seyde ...

Excerpt: ...roduction of documents on plaintiff Dwayne Flowers (“Plaintiff”) on May 2, 2023 1. To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling defendant Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. In opposition, Plaintiff's counsel submits a request for a continuance on the motions to compel on the grounds that Plaintiff's counsel is unable to ascertain the status...

Excerpt: ...a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., ...

Excerpt: ..., “Defendants”): On March 23, 2021, Plaintiff received a final judgment in case no. 19PSCV01164 entitled OR CONSTRUCTION, INC. vs EMAN TANAGHO . [1] However, to prevent Plaintiff's from collecting their claim, Eman transferred certain real property to her children, Jamil and Michael. [2] On February 9, 2023, Plaintiff filed suit asserting the following causes of action (COAs): 1. Set Aside Fraudulent Transfer 2. Conspiracy On October 19, 2023...