Excerpt: ...Malibu unless it is allowed to perform grading modifications to allow access to its parcel. On May 12, 2022, the court ordered the parties to brief whether the action is ripe for adjudication. Saitman argues the easement does not allow for grading of the road, only ingress and egress; 180 PCH contends it allows for grading. 180 PCH filed a reply to Saitman's brief. Saitman objected to the reply brief, as the court did not request (or authorize) s...

Excerpt: ... 25, 2020. On that date, Judge Chavez struck Augmented Dynamics' answer to the third amended cross-complaint and continued the hearing for Daqri's motion to strike the jury request to May 12, 2021. Judge Chavez passed away, so no ruling has issued. Default judgment was entered in Tolk's favor against Augmented Dynamics on his breach of contract causes of action on June 10, 2021. The matter was sent back to Dept. P pending re-assignment to a long ...

Excerpt: ...rty, causing their eviction. Pink alleges cross- defendants Ghods and Pahlavan caused her to be subject to an involuntary psychiatric hospitalization (Cal. Welf. & Inst. Code §5150). Pink also alleges Ghods also stole personal property and seized business assets. Ghods and Phalavan move for summary judgment. This matter was continued to allow the court the ability to review Pink's untimely opposition. Ghods alleges he did not wrongfully cause Pi...

Excerpt: .... Plaintiffs hired new counsel Jesse Thaler on March 7, 2022. Counsel, after reviewing the case file, responding to written discovery, meeting and conferring with opposing counsel, and conducting client interviews, alleges new facts justify a fifth amended complaint, including new causes of action and new requests for relief. Defendant Bank of America opposes. Courts are required to liberally permit amendments to pleadings at any stage of a proce...

Excerpt: ...heir eviction. Pink alleges cross- defendants Ghods and Pahlavan caused her to be subject to an involuntary hospitalization (Cal. Welf. & Inst. Code §5150). Pink also alleges Ghods also stole personal property and seized business assets. Ghods and Phalavan move for summary judgment. Ghods alleges he did not wrongfully cause Pink to be hospitalized. His declaration states he witnessed her engage in behavior that appeared to indicate a severe decl...

Excerpt: ...cation was wrongful under the Civil Code and the association's voting rules and seeks court determination of the validity of the election. Under Cal. Corporations Code §7616, upon motion of a director or member, a superior court shall determine the validity of the election or appointment of any director or member. Under Cal. Civ. Code §5105, a homeowner's association “may disqualify a person from nomination for nonpayment of regular and speci...

Excerpt: ... sue for private nuisance, negligence and intentional infliction of emotional distress. Defendants demur. Nuisance A cause of action for private nuisance requires plaintiff to show “substantial actual damage.” This is based an objective standard which considers the “effect . . . the invasion [would] have on persons of normal health and sensibilities living in the same community[.]” Additionally, plaintiff must show the invasion is “unre...

Excerpt: ...Cohen declaration ¶¶4-6. The court granted a temporary restraining order preventing the re-listing of the property pending a hearing on the issuance of a preliminary injunction. A preliminary injunction will issue if 1) moving party is likely to suffer greater injury from a denial than the non-moving party is likely to suffer from its grant, and 2) a reasonable probability exists that the moving party will prevail on the merits. IT Corp. v. Cou...

Excerpt: ...Resolution, “a Tenant shall not be evicted for nonpayment of rent, late charges, interests, or other fees accrued if the Tenant demonstrates an inability to pay rent and/or such related charges due to Financial Impacts Related to COVID-19 . . . and the Tenant has provided notice to the landlord within seven (7) days after the date that rent and/or such related charges were due[.]” Resolution VI (A)(1) The term “financial impacts” means �...

Excerpt: ...na on the Medical Board of California seeking copies of her file under Cal. Bus. & Prof. Code §800. Plaintiff alleges the Board did not produce the complete file and moves to compel compliance. Under Cal. Bus. and Prof. Code §800, the Medical Board is required to maintain a central file for each licensee. The file must contain a record of the licensee's criminal convictions, judgments or settlements in excess of $3,000 related to professional n...

Excerpt: ...igence and intentional infliction of emotional distress. Defendants demur. Nuisance A cause of action for private nuisance requires plaintiff to show “substantial actual damage.” This is based an objective standard which considers the “effect . . . the invasion [would] have on persons of normal health and sensibilities living in the same community[.]” Additionally, plaintiff must show the invasion is “unreasonable,” applying a similar...

Excerpt: ...ud must be pleaded with heightened specificity, and the general rule that pleading standards should be construed liberally does not apply to a claim for fraud. Wilhelm v. Pray, Price, Williams & Russell (1986) 186 Cal.App.3d 1324, 1332. Claims for fraud based on statements of opinion, rather than fact, are not actionable as fraud. Nibbi Bros. v. Home Fed. Savings & Loan Ass'n. (1988) 205 Cal.App.3d 1415, 1425. Defendant argues the fraud claim is ...

Excerpt: ...ehear the motion. A motion for renewal or reconsideration can only be brought upon a showing of “new or different facts, circumstances, or law.” Cal. Code of Civ. Proc. §1008. A party “may not move for summary judgment on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of the court newly discovered facts or circumstances or a change of law supporting the ...

Excerpt: ...at issued Ari's bond, and awarded $90,000 in fees against defendant Ari. The Court of Appeal reversed on June 25, 2021, ruling Wesco was also liable for fees. On July 12, 2021 Wesco paid $90,000 to the Kartons and now moves to strike plaintiffs' memorandum of costs. A post-judgment memorandum of costs can be challenged with a motion to tax under Cal. Code of Civ. Proc. §685.070. Interest accrues on a cost or fee award when the award is entered, ...

Excerpt: ...be supplied with expert testimony. Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412. An expert witness' declaration is sufficient to show the absence of a triable issue of fact on summary judgment. Lerner v. Superior Court (1970) 70 Cal.App.3d 656, 660. Defendant presents expert testimony from Dr. Mark Exler, a prosthodontist and restorative dentist, who opines plaintiff was in a dentally compromised state when she presented to defendant Dav...

Excerpt: ... against them are moot because the judgments that form the basis of this action have been satisfied. Defendants also ague plaintiffs' claims for fraudulent transfer are barred by the statute of limitations. Samih Motion A party may move for judgment on the pleadings at any point prior to trial. Cal. Code of Civ. Proc. §438. Judgment may be granted based on grounds that appear on the face of the challenged pleading or from any matter of which the...

Excerpt: ...ailure to obtain a loan. Additionally, defendants seek summary adjudication of plaintiff's request for lost profits. Plaintiff's Evidentiary Objections Smith Declaration: Objection 1 OVERRULED, Objection 2 SUSTAINED (lack of foundation), objection 3 SUSTAINED (lack of foundation,) objection 4 OVERRULED, objection 5 OVERRULED, objection 6 SUSTAINED (lack of foundation), objection 7 OVERRULED. Mass Declaration: Objection 1 OVERRULED. Cal. Bus. & Pr...

Excerpt: ...e project's length and cost and his intent to supervise the project. The Bakers also allege Houck's work was defective. Houck demurs to the fraud causes of action and moves to strike the requests for attorney's fees and punitive damages. Fraud and Negligent Misrepresentation To prevail on a claim for promissory fraud, a plaintiff must provide evidence showing the promisor did not intend to perform at the time the promise was made. Tenzer v. Super...

Excerpt: ...ancel within the agreed-upon time and seeks damages. Sassine and Pham's cross-complaint alleges Novel falsely representing the contract would only be binding if insurance covered the repairs. They also allege emotional distress because Novel falsely reported a debt to a recovery agency and forged Sassine's signature on the proposed agreement. Novel demurs. Intentional Infliction of Emotional Distress A cause of action for intentional infliction o...

Excerpt: ... toper form. Plaintiffs bring contract‐based causes of action and claims for negligence, negligent misrepresentation, breach of fiduciary duty and unfair business practices under §17200. Defendant Pacific Union International, plaintiffs' broker, demurs to the causes of action for breach of fiduciary duty, negligence, negligent misrepresentation, and unfair business practices. Defendants Brian Farmer and The Farmer Limited Partnership demur to ...

Excerpt: ... Defendant moves to bifurcate trial, with the statute of limitations defense and nature of defendant's representation in Beebe to be decided at an initial phase, and the substantive merits of plaintiff's claims to be tried subsequently. A trial court may, upon its own motion or a party's motion, proceed to trial on the statute of limitations before trying any other issue of the case. Cal. Code of Civ. Proc. §597. Cal. Code of Civ. Proc. §1048(b...

Excerpt: ...roperly joined for the sole purpose of having the action venued in Los Angeles County and seeks to transfer to Kern County, where the treatment occurred and where defendant Bacon resides. The superior court in the county where defendants or some of them reside at the commencement of the action is the proper court for trial. In a personal injury case, the county where the injury occurs is also a potential proper venue for trial. Cal. Code of Civ. ...

Excerpt: ...y. Temporary injunctive relief is proper where “irreparable injury is threatened, and preservation of the status quo is proper and equitable under the circumstances.” Cal. Code of Civ. Proc. §527, Chrysler Credit Corp. v. Waegele (1972) 29 Cal.App.3d 681, 686. To obtain an injunction in these circumstances, a court must evaluate the likelihood plaintiff will prevail on the merits at trial and compare its conclusion to the interim harm plaint...

Excerpt: ... Department (“Department”), Los Angeles County Sheriff Alex Villanueva, Los Angeles County Counsel Mary Wickham, and Los Angeles County Director of Personnel Lisa M. Garrett (collectively “Respondents”) “to act in compliance with their ministerial duty under the … Settlement Agreement [executed with Petitioner Lopez] to reinstate [Petitioner Lopez] to employment with the County and to provide [Petitioner] with all emoluments of employ...

Excerpt: ...v. Proc. §473(b), a court may set aside a default taken through “mistake, inadvertence, surprise, or excusable neglect.” When a defendant challenges the court's personal jurisdiction due to alleged improper service, the plaintiff has the burden of proof to show effective service. Summers v. McClanahan (2006). A summons and complaint must be served within three years after the date the action is commenced. Cal. Code of Civ. Proc. §583.210. P...