Excerpt: ...ing that the action is barred by state and local eviction moratoriums adopted in response to COVID-19. The court sustained a demurrer to the initial complaint on the grounds that, under the county eviction moratorium, the lease was automatically renewed. Leave to amend was granted, and defendant demurs to the FAC on essentially the same grounds. State Executive Order N-28-20, issued March 4, 2020, states “[t]he statutory cause of action for jud...

Excerpt: .... A party may obtain discovery regarding any non-privileged subject matter relevant to a pending action if the matter itself is admissible or is reasonably calculated to lead to the discovery of admissible evidence. Cal. Code of Civ. Proc.§2017.010. Generally, evidence of insurance coverage is not relevant in a civil action, but it is not strictly excluded from discovery. Irvington‐Moore, Inc. v. Superior Court (1993) 14 Cal.App.4th 733, 740. ...

Excerpt: ...sustained in part. Defendants Elliman and Kanani demur to the SAC on similar grounds. Defendants Ezhari and Babak Ezhari, Trustee, also demur. Elliman/Kanani Demurrer Breach of Covenant of Quiet Enjoyment The court previously sustained defendants' demurrer to this cause of action without leave to amend. 11/19 Minute Order, pgs. 1-2. The SAC should not have named Elliman Trust and Kanani in connection with this claim. SUSTAINED without leave to am...

Excerpt: ...laintiff because the patio did not meet the county's air flow requirement. On February 24, 2021 the DPH issued a citation shutting the patio. Plaintiff moves for a temporary restraining order to allow dining on the patio. Pursuant to Los Angeles County's Health Officer Order, “to operate for outdoor dining service, the facility's outdoor dining area must allow for the free flow of outdoor air through the entire space and must follow the State's...

Excerpt: ...default against Banner Promotions on May 7, 2020, which now seeks dismissal for lack of jurisdiction and forum non conveniens. Plaintiff files supplemental briefing detailing attorney's fees incurred obtaining entry of default and opposing defendant's motion to set aside default for attorney error. A court has general personal jurisdiction over a defendant if the defendant has “constant and pervasive” contacts with the forum state. Daimler AG...

Excerpt: ...marketing and sales services in 2016 and terminated him in 2017. Eckey alleges Damon fired him because of his sexual orientation and because he complained about Damon's unlawful practice of selling used beds as new, and he did not receive owed commissions. Damon alleges Eckey was fired because of poor sales performance, inadequate management style and disrespect toward customers and coworkers. Damon alleges Eckey took confidential documents, incl...

Excerpt: ...t up to code. Plaintiff served requests for production of documents and special interrogatories on July 2, 2020. Despite several extensions, defendants did not timely serve responses. At a December 7, 2020 informal discovery conference, the court ordered defendants to serve code-compliant responses within 30 days. Defendants responded on January 7, 2021. Plaintiff argues defendants' responses were insufficient and moves to compel further response...

Excerpt: ...final modification agreement, they would qualify for a loan modification. Plaintiffs allege they made the payments but did not receive a good-faith loan modification offer. BANA argues the modification was denied because of multiple unsatisfied liens on the property. The third amended complaint contains a cause of action for breach of contract against BANA. Evidentiary Objections: Plaintiffs' objections OVERRULED. Breach of Contract The elements ...

Excerpt: ...ity of Santa Monica both demur to the first amended complaint. Negligence/Defendant Bird The elements of negligence are (1) duty of care, (2) breach and (3) causation. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917. Vehicle rental companies are generally not responsible for the negligence of those who rent vehicles. See Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1143. This is codified in the federal Graves Amendment. 49 U.S.C. §3010...

Excerpt: ...lly refuses to turn over the footage. Defendant Kawauchi lives in Los Angeles; defendant Sato is a Japanese national. Defendants argue service on Sato is void because plaintiffs have not complied with the Hague Convention requirements for foreign service of process. Additionally, defendants allege plaintiffs' proof of substituted service is false, as surveillance video shows nobody was served at Kawauchi's house on the date and time stated in the...

Excerpt: ...ission to file supplemental briefing as to the issue of contractual indemnity only. Regents' Motion Parties to a contract have the right to assign responsibility to one contracting party for the other's legal defense when a third-party claim is made against the other. Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4th 541, 565 fn. 12. Therefore, a contractual indemnitor has the obligation, upon tender by the indemnitee, to accept and assume ...

Excerpt: ...s to any arbitration provision in “a contract evidencing a transaction affecting interstate commerce.” 9 U.S.C. §2. Under the FAA, any provision in an employment contract requiring controversies to be settled via arbitration “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” Id. Defendant argues since it is involved in interstate commerce, the FAA applie...

Excerpt: ...aining a “buy-sell” provision allowing either party to buy out the other's interest. In 2014 defendant Horn, as trustee of the Janis F. Horn Trust, sued plaintiff Levy in a separate action (the 2014 action) alleging he wrongfully withdrew money from the companies. Horn argued that, because of the alleged misconduct, plaintiff forfeited buy-sell and management rights. Plaintiff argued the withdrawals were allowed, and he retained the buy-sell ...

Excerpt: ...iff alleges defendant Shama colluded and conspired in hiding Masoud's assets from his creditors, including real property. Plaintiff further alleges that in 2016 Masoud (via his shell entity Nato) and Shama entered a settlement agreement under which Masoud's interest in the Washington property would be held secretly in trust for Masoud by Shama, protecting it from judgment enforcement. Evidentiary Objections Plaintiff's Objections: Objections 6, 1...

Excerpt: ...t Dyne moves for summary adjudication, arguing he did not sign the credit agreement or authorize anyone to sign it on his behalf. On September 16, 2020 the court continued the hearing to allow plaintiff to depose Dyne. Evidentiary Objections: OVERRULED. Analysis To obtain summary judgment, “all that the defendant need do is to show that the plaintiff cannot establish at least one element of the cause of action.” See Aguilar v. Atlantic Richfi...

Excerpt: ...the course and scope of employment, workers' compensation is the exclusive remedy. Cal. Lab. Code §3602. If an employee of an independent contractor suffers a work-related injury, he may not sue the hirer and his exclusive remedy lies in workers' compensation. Privette v. Superior Court (1993) 5 Cal.4 th 689. A hirer may be independently liable to a contractor's employee, despite Privette, if the hirer retained control and affirmatively contribu...

Excerpt: ...fficer Lagin because he directed her to speak with him in the street. Defendants City of Beverly Hills and Lagin move for summary judgment. Defendants' Evidentiary Objections: all overruled. A court determining a summary judgment or summary adjudication motion applies a three-step process: (1) identifying the issues framed, (2) determining whether the moving party has made an adequate showing that negates the opponent's claim, and (3) determining...

Excerpt: ...are based on the indemnity provision in the purchase agreement between Jamsid and Pervaiz. Cross-defendants Jasmid and Rabbani argue the contract's indemnity provision does not apply, since Metro Fusion's lawsuit arises from a leak caused by Sano's alleged negligence long after purchasing the store, noting the court granted summary adjudication as to all negligence causes of action against Rabbani. Summary adjudication as to the negligence causes...

Excerpt: ...on performed was faulty. Defendants demur and move to strike claims for punitive damages and attorney's fees. Plaintiff filed opposition in related case No. 19SMCV01786 (Vaynman v. BHR). Because the opposition was not filed in the instant (lead) case, the court was unaware of its filing and continued the hearing to 12/15/20. Demurrer First Cause of Action for Financial Elder Abuse Financial elder abuse occurs when a person or entity takes propert...

Excerpt: ... to shield it from judgment enforcement. Defendant Mirna admits the transfer was made “out of desperation to attempt to save her home.” Plaintiff alleges this gives rise to causes of action for fraudulent transfer, fraud, constructive trust and unjust enrichment. Defendant Mirna demurs. The Guerra defendants move to quash subpoenas seeking all their bank savings and checking statements from January 2013 through May 2020. Fraudulent Transfer U...

Excerpt: ...fendant Jorquez's real estate agents, demur and move to strike portions of the first amended complaint. Breach of Covenant of Quiet Enjoyment The covenant of quiet enjoyment exists between a landlord and tenant. E.g. Pierce v. Nash (1954) 126 Cal.App.2d 606. Breach is a contract claim, not a tort. Ginsberg v. Gamson (2012) 205 Cal.App.4th 873, 896. The doctrine of civil conspiracy requires “commission of an actual tort.” Applied Equipment Cor...

Excerpt: ...tachment may only issue in an action on a claim for money based on contract where the total amount owed is equal to or greater than $500, and the amount sought is “fixed or readily ascertainable” by reference to the contract. A writ of attachment may not issue against a claim secured by real property and may only issue against a natural person when the claim arises out of the conduct of a “trade, business, or profession.” Cal. Code of Civ...

Excerpt: ... Set One is DENIED in part (i.e., as to Request Nos. 59 and 66) and otherwise GRANTED. Defendant is ordered to produce verified, code-compliant responses without objection within 20 days, subject to the limitations contained herein. Background Plaintiff Alicia Camacho (“Plaintiff”) alleges that, on or about April 27, 2013, Plaintiff purchased a 2013 Nissan Sentra VIN #3N1AB7AP0DL708666 (“subject vehicle”). Plaintiff alleges that the subje...

Excerpt: ...h California and all witnesses/evidence are in China. Under Cal. Code of Civ. Proc. §410.30, if a court finds “in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” Before the court can determine whether an alternative forum is appropriate, it must first find (1) the parties are subject to the alternat...

Excerpt: ... strike portions of the first amended complaint. Fraud The elements of fraud are (1) a representation, (2) falsity, (3) knowledge of falsity, (4) intent to deceive, (5) reliance and (6) damages. Mosier v. So. Cal. Physicians Ins. Exch. (1998) 63 Cal.App.4 th 1022, 1045. Fraud must be pleaded with heightened particularity. Alfaro v. Community Housing Improvement System & Planning Assoc. (2009) 171 Cal.App.4 th 1356, 1384. This is only applicable t...