Excerpt: ...g his employment with Oasis. Snell cross-complained, alleging Oasis/Alagem failed to pay benefits, wages, and expenses due upon his termination. Oasis/Alagem move for summary judgment/adjudication. Breach of Contract As no breach of covenant of good faith and fair dealing cause of action is alleged in the first amended cross- complaint, the court only addresses the breach of contract claim. Alagem argues he cannot be personally liable for breachi...

Excerpt: ...ies (the Washington and Main Street properties) to defendants Park LA LLC and Nato Fund, Inc. Defendants Yusef Joseph Kahrobaie and Masoud Isaac Kahrobaie demur that plaintiff lacks standing and the statute of limitations has run. Only a “real party in interest” has standing to prosecute an action. Cal. Code of Civ. Proc. §367. A judgment creditor may assign the right represented by the judgment to a third person. Great Western Bank v. Kong ...

Excerpt: ...once defendants produced documents showing they were judgment-proof. Defendants allege plaintiff refused to dismiss the action after production of the documents, violating the agreement. Defendants seek leave to amend the answer to add a new affirmative defense of settlement. A trial court may, in its discretion, allow amendment to any pleading – including an answer – in the furtherance of justice and on such terms as may be proper. Cal. Code...

Excerpt: ...court of appeal to issue a decision based on an issue not initially briefed by the parties, as long as an opportunity for supplemental briefing is provided. - The “Great Public Importance Rule,” under which the CA Supreme Court will only exercise original jurisdiction in cases where “the issues presented are of great public importance and must be resolved promptly.” - The absence of any rule requiring a court of appeal opinion to address ...

Excerpt: ...entional misrepresentation. On September 27, 2019 the court sustained a demurrer to the complaint with leave to amend. Defendant now demurs to the FAC. Contractual Statute of Limitations Defendant argues the contract has a one year statute of limitations. Plaintiff argues this statute is unconscionable because defendant deliberately concealed the portion of the contract containing this term. Such concealment would indicate procedural unconscionab...

Excerpt: ...intiff failed to cure multiple fatal pleading defects despite several opportunities to do so. On August 16, 2019 dismissal was entered in defendants' favor. Plaintiff, now in pro per, moves to set aside the entry of judgment under Code of Civ. Proc. §473. Plaintiff argues the defects in his five prior complaints were caused by his first counsel's mental incapacity and his second counsel's failure to fully review the case file. Additionally, plai...

Excerpt: ... attorneys' fees. The settlement check was made payable to C&M and Yazdanpanah, who refuses to release any portion of the attorneys' fees to C&M. Defendant argues all alleged conduct arises out of protected activity – his right to assert and enforce an attorney's lien – and moves to strike the first and second causes of action under Cal. Code of Civ. Proc. §425.16. Pursuant to Cal. Code of Civ. Proc. §425.16, an anti-SLAPP action “may be ...

Excerpt: ...ances, despite knowing decedent tested positive for cocaine and was likely to abuse prescription medication. Plaintiff alleges defendants Peter F. Dolzeal, RPh., Edwin Yadidi RPh., Garfield Pharmacy and LDW PC, Inc. improperly dispensed large quantities of opiates, despite knowing of decedent's addiction. Plaintiff alleges negligence against the doctor/pharmacy defendants and premises liability against the building. Defendants Dolzeal, Garfield P...

Excerpt: ... testify as to emergency room standard of care). All other objections to the Sayah declaration OVERRULED. Medical Negligence Cause of Action Standard of Care Defendants' declaration from John Levin, M.D. states Adams complied with the applicable standard of care. Levin Decl. at ¶¶7-9. Plaintiff presents the declaration of Christopher Ho, M.D., who opines Adams failed to perform an adequate physical examination of plaintiff's hand and violated t...

Excerpt: ...urth and fifth causes of action and move to strike portions of the first amended complaint (FAC). Intentional Infliction of Emotional Distress (IIED) On August 8, 2019 this court sustained a demurrer to plaintiff's IIED cause of action. The FAC specifically alleges “[p]laintiff suffered severe mental and emotional distress, including anxiety and vertigo.” FAC at ¶46. For pleading purposes, plaintiff specifically alleged facts showing the nat...

Excerpt: ...10). Block argues the claimed amount false, she did not receive invoices for services and did not observe Moore, So Cal's principal, supervising employees on the property. Block argues any work was performed by unlicensed employees. Finally, Block argues the lien was recorded for an improper purpose—to coerce her into signing an exclusive listing agreement with defendant's principal for the sale of her property. So Cal argues a petition under �...

Excerpt: ...nd economy.” Cal. Code of Civ. Proc. §1048. Defendant Grayson argues his trial should be severed from GHCP's trial. He claims that by stipulating to a specific interpretation of the LLCs' operating agreements, co-defendant GHCP essentially adopted plaintiffs' position in the action. If the claims against him and GHCP are decided in a single trial, Grayson argues, the stipulation will impermissibly sway the jury and prevent Grayson from adequat...

Excerpt: ...endant made a payment of $15,000 the same day. Plaintiff alleges defendant owes $75,125.00 in past-due rent. A commercial landlord may prevail in an unlawful detainer action even if the complaint misstates the amount of rent due, as long as the amount stated in the notice is clearly identified as an estimate. Cal. Code of Civ. Proc. §1161.1. When a landlord relies on this provision, however, the estimate may not exceed 20% of the actual amount d...

Excerpt: ...llege in August 2018, after paying Surya over $75,000, they discovered her work was defective, she was not a licensed contractor and was not using licensed contractors. Plaintiffs received invoices from her subcontractors, who were not paid for their work. Surya was alleged to be an agent of defendant David Tishbi, Inc. Surya Demurrer Second Cause of Action for Fraudulent Inducement Surya argues there is no independent cause of action for fraudul...

Excerpt: ...fer or hide assets to prevent enforcement of the judgment. Masoud alleges the judgment was not assigned to cross-defendants until several years after the statute of limitations for fraud had passed. Masoud further alleges Pickford Fund, LLC is a mere instrumentality of cross-defendant Nilofar Kahrobaie and the Kahrobaie trust. Masoud seeks declaratory relief, asking the court to issue the following declarations: - That the Nevada judgment in favo...

Excerpt: ..., under which the HOA sold several residential units to Spahi and his alter egos for less than fair market value. When the agreements were executed, the units were subject to liens in favor of the HOA's lenders. The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. In 2015, an HOA shareholder filed a derivative complaint against Spahi and...

Excerpt: ...marketing services for Tiana's album but failed to do so. Demurrers Two separate demurrers have been filed—one by the Bungalo defendants and Ring and the other by Dawkins, HMG and Full Range. As the motions raise substantially similar arguments, the court addresses them jointly. Timeliness Plaintiffs argue the demurrer is untimely, as it was filed more than thirty days after the complaint was served. Cal. Code of Civ. Proc. §430.40. Defendants...

Excerpt: ...ms cleared plaintiff for discharge. As plaintiff was leaving the ER, she fainted and hit her head. Upon subsequent examination, plaintiff's own doctor found remaining glass and nerve laceration, requiring surgery. Plaintiff alleges medical negligence by Cedars-Sinai employees. Defendant Cedars-Sinai Marina Del Rey Hospital (MRDH) moves for summary judgment, alleging the individual defendants (doctor and PA) were not MRDH's agents or employees and...

Excerpt: ... dba AudienceX was a reseller for Sizmek, selling services related to the platform. Sizmek went bankrupt, and AudienceX allegedly owed fees for use of the platform. Plaintiff alleges after Zeta acquired Sizmek's platform and the right to collect receivables, Zeta and AudienceX signed a letter of intent (LOI) wherein AudienceX would pay Zeta the outstanding fees. In exchange, Zeta granted AudienceX a $300,000 credit towards the outstanding debt. A...

Excerpt: ...f the first amended complaint's requests for relief. DEMURRER Second Cause of Action for Gross Negligence Gross negligence consists of “a want of even scant care,” or “an extreme departure from the ordinary standard of care.” City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, 754. California does not recognize a distinct cause of action for gross negligence independent of a statutory basis. Eriksson v. Nunnink (2011) 191 Cal.A...

Excerpt: ...ies also executed a stipulated judgment for $150,000.00, which would be filed if defendants failed to make the agreed-upon payments. Plaintiff moves to enforce the settlement agreement and enter stipulated judgment for $150,000, claiming defendants failed to make payments from December 2018 through February 2019. Cal. Code of Civ. Proc. §664.6 permits a court to enter judgment pursuant to the terms of a settlement agreement between parties, and ...

Excerpt: ...lly failed to pay dividends, and defendant Bank is using the companies' resources for his own benefit. Plaintiff also alleges Bank convinced her to take out a $500,000 line of credit, using her home as collateral, by fraudulently stating the entities needed the credit to stay afloat. The entity that provided the line of credit recorded a notice of default due to nonpayment, but plaintiff alleges Quality and Sugihara have sufficient funds to pay o...

Excerpt: ... for profit and are concealing that business' existence to avoid judgment enforcement. Defendants move to quash. Under Cal. Code of Civ. Proc. §1985.3(c), a party in an action where a subpoena for personal records has been filed may move to quash or modify the subpoena. CCP §1987.1 allows the court to issue an order quashing or modifying the subpoena “upon those terms and conditions as the court may declare,” and explicitly provides for the...

Excerpt: ...ction preventing distribution until the litigation concluded. The matter has resolved, and plaintiffs move to dissolve the injunction and distribute assets. Defendant Grayson, a former executive of the LLCs, opposes the dissolution, alleging he is entitled to payments from GHCP and the LLCs. Under Cal. Code of Civ. Proc. §553, the court may “on notice modify or dissolve an injunction or temporary restraining order upon a showing that there has...

Excerpt: ...mer agreement decedent signed (sec. 15.5). Plaintiff argues the arbitration clause is procedurally and substantively unconscionable. Defendants argue for enforcement of the arbitration clause because all claims arise out of decedent's purchase from defendant, which was governed by the customer agreement. The customer agreement is indeed an adhesion contract, drafted by defendant and presented on a take-it-or-leave-it basis. However, decedent was ...