Excerpt: ...1. Relevant Background The parties had an arbitration in 2020 and 2021. The evidentiary hearing took place over the course of several days in June 2021, now more than two years ago. On November 10, 2021, the three-arbitrator panel from JAMS served its final award on the parties, awarding $83 million to Petitioners. On February 17, 2022, respondents Jeffrey Scharf and Sherril Smith-Scharf ("Respondents") filed a #tition in this court to correct th...

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...the parties in this and the related matter before this Court have filed a variety of motions so that the Court is well acquainted with the two lawsuits and the allegations. Secondarily, the Court is disappointed that what is essentially a pleading motion has been filed many years after suit was filed, as to matters that might well have been addressed by demurrer or by a few specifically targeted contention interrogatories. The opposition papers a...

Excerpt: ...g as follows: l. Background This is an action for breach of contract arising out of a commercial business relationship. According to the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market, particularly hi-tech fabrication equipment. (SAC, '1 13; see Declaration of Sal Shafi in Support of Motion for Summary Adjudication ("Shafi Decl."), 2.) On November 16, 2016, Plaintiff and Defendants entered int...

Excerpt: ...1.) Thereafter, defendants Nancy Kim and her brother, defendant Timothy Kim (collectively, "Defendants"), occupied the Subject Property. (ld. at '1 9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint at '1 10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Ibid.) The rent increased to $3,750...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...f the FEHA (employment discrimination); (2) Failure to Pay Wages Due and Owing (violation of Labor Code SS et seq.); (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (5) Unfair Competition. The FAC alleges that Stroud began working for Intermedia in December 2014 and that she resigned in January 2019. Previously, Intermedia brought a demurrer to the FAC's second, third, fourth, and fifth causes of act...

Excerpt: ...with a grant date of January 1, 2020. (See complaint, "1 2-3.) The offer letter further states that the RSU grant shall be converted into "ordinary shares of YY Inc." subject to a conversation ratio of "10000/2774 (10000 RSU[s] equals 2774 ordinary shares of YY Inc.)." (See complaint, '13.) As of January 1, 2021, Plaintiff expected to have 5,091 shares in YY vested; however, instead, only 255 YY shares had vested. (See complaint, 4.) Plaintiff fo...

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...by Lawrence Moroso. The incident occurred on The Old Road in Newhall, California. Lawrence died as a result of the injuries. Plaintiffs allege Jacob Sanchez was operating the vehicle on behalf of employer, defendant Newegg. On August 5, 2021, Plaintiffs filed a complaint for Negligence, Negligent Hiring, Negligent Entrustment, Negligent Supervision, and Survival Action. On September 9, 2021, Distinct Cars answered the complaint. On September 17, ...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...mbiguous and unintelligible." After the filing of the instant motion, Defendant filed supplemental responses to the RFA's, repeating the objections as noted above. Although continuing to IINlge the objection, each supplemental response contained either an admission or denial, "without waiving said objections." Defendant's declaration asserts that Plaintiff refused to withdraw this motion upon the filing of the supplemental responses, on the groun...

Excerpt: ...ubsequently purchased a defective 2016 Chevrolet Traverse ("Subject Vehicle") that was manufactured and warranted by Defendant. (Complaint ("Compl."), 11- 12, 15.) The Subject Vehicle had nonconformities including, but not limited to, transmission and engine issues which substantially impaired the use, value, and/or safety of the Subject Vehicle. (ld. at "1 15-17.) On January 28, 2022, Plaintiffs filed the operative Complaint, asserting the follo...

Excerpt: ...nuing to practice law until well into the case, and as a result, his prior attorney did little to prepare the case for trial. Plaintiff asks the Court to deduct from the five year statute the tme from when his attorney had a stroke to the present. The Court declines to do so. II. Legal Standard and Analysis Code of Civil Procedure secton 583.310 states: "an action shall be brought to trial within five years after the action is commenced against t...

Excerpt: ...e opposes the motion, arguing that Hix and Fahn have shown an insuffic:ient basis for quashing the subpoena; alternatively, if Fahn is excused from testifying at trial, RealPage asks that her declaration and deposition testimony be excluded, as well. This is an unusual situation, because unlike most witnesses who seek to be excused from testifying for medical reasons, Fahn has already testified for 12 hours over the course of three days of deposi...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...than recount the long history of litigation, which has already been recounted multiple times in this case, the court simply refers to, and incorporates by reference, the court's prior orders of January 7, 2020 (issued by Judge Pierce), March 6, 2020 (judgment entered by Judge Pierce), September 24, 2020 (signed by Judge Barrett), and November 8, 2022 (signed by Judge Kirwan). Defendant Nordstrom, Inc. ("Nordstrom") requests that the court take ju...

Excerpt: ...mended complaint (“FAC”). TENTATIVE RULING: The motion is denied. ANALYSIS The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (I...

Excerpt: ...tiff's entire petition without leave to amend, and the petition is therefore dismissed. REQUEST FOR JUDICIAL NOTICE: Respondent's request for judicial notice is granted. BACKGROUND Petitioner brings this action against Respondent in relation to the Los Angeles County Department of Regional Planning's (“DRP”) evaluation and recommendation of conditions of approval in Petitioner's Conditional Use Permit (“CUP”) Application No. RPPL201900266...