Excerpt: ... December 12, 2022. Defendant now moves for judgment on the pleadings based on the Request for Admissions that were deemed admitted against Plaintiff. Plaintiff opposes and Defendant replies. LEGAL STANDARD The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears tha...

Excerpt: ...on the Pleadings The Court has considered the moving, opposition, and reply papers. The Court DENIES Defendant's Motion for Judgment on the Pleadings. Background Plaintiff R.K. filed this action against Defendant on May 19, 2022. The operative First Amended Complaint alleges causes of action for negligence and negligent hiring, training, and supervision, based on childhood sexual abuse while under the care of Defendant. Legal Standard A motion fo...

Excerpt: ...and an order to show cause why a preliminary injunction shall not issue. Plaintiffs seek an order enjoining Defendant Fahim Farivar from: (1) Interfering with a new membership meeting and election, (2) Attempting to intimidate or threaten any member of the congregation from requesting a new membership meeting and election, (3) Attempting to intimidate or threaten anyone in connection with voting in the election, and (4) “Holding a Board of Dire...

Excerpt: ...Defendant, Mokhtar Jabli, for remaining in possession of the real property at 9010 Hopen Place, Los Ange les, California 90069 after failing to pay rent. Plaintiff served Defendant with a 3 -day notice to pay rent or quit. On February 23, 2024, Defendant filed this Demurrer to the Complaint. On April 2, 2024, Plaintiff filed an opposition. Plaintiff requests sanctions against Defendant for unnecessary delay occasioned by the filing of this demurr...

Excerpt: ...d to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On November 17, 2023, Plaintiff Maynor Galindo filed the operative First Amended Complaint against Defendants Phillips 66 Company, Raudell Covarrubias, and Heriberto Plascencia for (1) FEHA harassment, (2) FEHA discrimination, (3) FEHA retaliation, (4) FEH A failure to prevent misconduct, (5) negligent hiring and retention, (6) intentional infliction of emotional di...

Excerpt: ...r 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 factual basis for the claim against h...

Excerpt: ... counsel's motion to be relieved. Defendant now demurs to the second cause of action in Plaintiff's complaint, for general negligence. No opposition was filed. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” ( Harris v. City of Santa Monica (2013) 56 Cal...

Excerpt: ... amended complaint (“FAC). ¿ TENTATIVE RULING: The demurrer is overruled. Defendant to file and serve her answer to Plaintiffs' FAC within 30 days. BACKGROUND¿ This is a quiet title action in which Plaintiffs, a married couple and parents to defaulted defendant Heasuk O, allege that Defendant and Heasuk (collectively, “Defendants”) were in a romantic relationship together since 2004. (FAC ¶¶ 4, 7, 14.) On 9/20/13 , Plaintiffs purchased ...

Excerpt: ...ion for malpractice. On July 6, 2023, Plaintiff filed Notice of Lien. On March 1, 2024, Defendants filed their Demurrer to the Complaint. In support of their Demurrer, Defendants concurrently filed: (1) Memorandum of Points and Authorities; (2) Declaration of Andy Servais; (3) Proposed Order; and (4) Proof of Service. No opposition or other response has been filed to the Demurrer. ANALYSIS: I. Legal Standard “The party against whom a complaint ...

Excerpt: ...ffs Mehrdad Farkhan and Aila Farkhan (“Plaintiffs”) filed a Complaint against Defendants Felix Adalberto Sanchez (“Defendant”) and DOES 1 thro ugh 20, inclusive, alleging a cause of action for negligence. On February 6, 2024, Defendant filed an Answer to the Complaint, in which Defendant sets forth 15 affirmative defenses. On February 13, 2024, Plaintiffs filed a demurrer to the first, second, third, fourth, fifth, sixth, twelfth, thirtee...

Excerpt: ...Relief 5. Promissory Estoppel 6. Violation of Business & Professions Code 1720 0 RULING : The demurrer is sustained without leave to amend as to the 1 st and 2 nd causes of action and overruled as to the 3 rd, 4 th, 5 th and 6 th causes of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of foreclosure proceedings against property located at 9251 Notre Dame Avenue in Chatsworth, California (the Pr...

Excerpt: ...eading 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 factual basis for ...

Excerpt: ...M" or "Defendant") based on substantial defects and non -conformities to warranty, including but not limited to serious battery defects, in her new leased 2021 Chevrolet Bolt. The operative Second Amended Complaint ("SAC") alleges causes of action for fraud concealment, violations of Business & Professions Code §17200, and three causes of action for violations of the Song - Beverly Act. Discussion GM demurs to first and secon...

Excerpt: ...nd through his guardian ad litem, Bertha Ramirez, ("Plaintiffs"), individually and as successors in interest to Lucas Obdulio Perez Vicente ("Decedent"), filed this action against defendants 1037 North Sycamore (Los Angeles) Owner, LP. ("1037 North"), CIM Group, L.P. ("CIM Group") and CIM Holdings, LLC ("CIM Holdings") (collectively, "Defendants") for wrongful death arising from work Decedent performed on Defendants' property, in which unsecured ...

Excerpt: ...If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On August 22, 2023, Gohar Babazadeh (“Gohar”) filed the operative First Amended Cross - Complaint for (1) breach of fiduciary duty (derivatively by Hayem's Daughters, Inc. (“HD”)), (2) breach of fiduciary duty (derivatively by Shalom Brothers Enterprises, LP (“SB”)), (3) breach of fidu...

Excerpt: ...reaks in Violation of Labor Code § 226.7 · 14 th Cause of Action: Failure to Provide Meal Breaks in Violation of Labor Code § 226.7 · 15 th Cause of Action: Waiting Time Penalties Pursuant to Labor Code §§ 201 and 203 · 17 th Cause of Action: Breach of Contract in Violation of Civil Code Section 1549 Motion to Strike · Seventeenth Cause of Action for Breach of Contract · SECOND AMENDED COMPLAINT, ¶ 36: all references to “past situatio...

Excerpt: ...tiff”) NOTICE: ok RELIEF REQUESTED: An order from this Court granting Kinetix's Demurrer and striking punitive damages and prejudgment interest against it in the Prayer for Relief. TENTATIVE RULING: The demurrer is OVERRULED. The Motion to Strike is GRANTED IN PART without leave to amend. BACKGROUND This action arises from allegations of sexual misconduct against Plaintiff during her physical therapy sessions. The named defendants include the a...

Excerpt: ... is the sole member of Plaintiff 5110. Plaintiffs allege they obtained an insurance policy on the property th rough Defendant Scottsdale Insurance Company. Defendant B&B Premier Insurance Solutions, Inc., and its manager, Defendant David Kern, obtained the policy for Plaintiffs. Plaintiffs allege they informed Defendants that 5110 needed insurance including liability from claims and risks inherent in owning an apartment business renting to tenant...

Excerpt: ... action against Ford Motor Company (“\ Defendant”) on May 8, 2023. This motion is for $63,252.09 in attorneys' fees and costs f\ ollowing a settlement agreement entered into between the parties on December 11, 2023, which identified Plaintiffs as the prevailing parties. II. FACTUAL AND PROCEDURAL BACKGROUND On March 15, 2023, Plaintiffs submitted a claim through Defendant's third-party dispute resolution provider, the Better Business Bureau A...

Excerpt: ...st Plaintiff National Robertson Carwash Care, Inc. (“Carwash Care”) (“Plaintiff”) as the prevailing party in the instant case. (Notice of Motion, pgs. 1-2; Civ. Code §1717.) Background On May 13, 2022, Plaintiff filed its complaint against Defendant in the instant action. On August 30, 2022, Plaintiff filed its first amended complaint (“FAC”). On March 15, 2023, this Court sustained Defendant's demurrer to Plaintiff's 1st through 8th...

Excerpt: ...n February 23, 2023, Plaintiff filed a Complaint against Defendants Beverly Hills IT Services, Beverly Hills IT, and Mostafa Karabalei Ahmad Baboli aka Stephan Parsa (“Baboli”) (collectively “Defendants”) and DOES 1 through 50, alleging causes of action for: (1) misappropriation of trade secrets; (2) breach of promissory note; (3) breach of fiduciary duty; (4) breach of duty of loyalty; (5) unfair competition; (6) intentional interference...

Excerpt: ...Baker”) and Stampede Way, LLC (“SW”) (jointly “Plaintiffs”) filed the instant legal malpractice and fraud action. On November 5, 2021, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants Darrell Avis, InterSwiss Holdings Group, LLC, Swiss Management Group, LTD., Klueger & Stein, LLP, Jacob Stein, SwissGuard International, GMBH, SwissTrust International Inc., and SMG SwissTrust Holdings SA. On March 10,...

Excerpt: ... and David M. Rosenthal (Rosenthal) (jointly, Defendants) for their allegedly false depiction of Plaintiff in the film entitled, “No Limit” (Film). On November 21, 2023, Defendants filed a Special Motion to Strike the Complaint pursuant to Code of Civil Procedure section 425.16 (Anti -SLAPP motion). Plaintiff opposes the Anti -SLAPP motion. [1] The special motion to strike pursuant to Code of Civil Procedure section 425.16 is granted. Defenda...

Excerpt: ...ion against Defendants Kambiz Zarnegar, 21st Santa Monica Investments, LLC, and “All Persons Unknown, Claiming Any Legal Or Equitable Right, Tit le, Estate, Lien, Or Interest In The Property Described In The Complaint Adverse To Plaintiffs' Title, Or Any Cloud Upon Plaintiffs' Title Thereto,” alleging (1) Fraud; (2) Breach of Fiduciary Duty; (3) Constructive/Resulting Trust; (4) Accounting; (5) Negligence; (6) Violation of California Business...

Excerpt: ...email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. “A party seeking discovery of a peace officer's personnel records must follow a two -step process. First, the party must file a written motion describing the type of records sought, supported by ‘[a]ffidavits showing good cause for ...