NOTICE OF MOTION (Motion #006) - Notice of Motion to Dismiss the Crossclaims August 16, 2023 (2024)

Track Case Changes
Download DocumentPrint Document

On March 14, 2023 aMotion,Ex Partewas filedinvolving a dispute between400 Capital Credit Opportunities Master Fund Ltd.,400 Capital Tx Cof I Lp,Acm Asof Viii Secondary-C Lp,Aic Cop Facility 2, Llc,Aic Investments,Blair Funding Llc,Blue-Mountain Clo Xxxiv Ltd.,Bluemountain Fuji Us Clo Iii Ltd.,Boston Patriot Milk St Llc,Doubleline Opportunistic Credit Fund,Ellington Clo Iv, Ltd.,Halcyon Loan Advisors Funding 2015-3 Ltd.,Harbor Point 2019-1 Ltd.,Mariner Atlantic Multi-Strategy Master Fund, Ltd.,Nassau 2019-I Ltd.,Ocean Trails Clo Vii,Palmer Square Bdc Funding I Llc,Palmer Square Clo 2014-1, Ltd.,Palmer Square Clo 2015-1, Ltd.,Palmer Square Clo 2015-2, Ltd.,Palmer Square Clo 2018-1, Ltd.,Palmer Square Clo 2018-2, Ltd.,Palmer Square Clo 2018-3, Ltd.,Palmer Square Clo 2019-1, Ltd.,Saranac Clo Vii Ltd.,Sei Institutional Managed Trust - High Yield Bond Fund,Steele Creek Clo 2014-1R, Ltd.,Steele Creek Clo 2019-2 Ltd.,Steele Creek Loan Funding I, Lp,U.S. High Yield Bond Fund,Venture 41 Clo Ltd.,Wellfleet Clo 2016-1, Ltd.,Wellfleet Clo 2016-2, Ltd.,Wellfleet Clo 2017-1, Ltd.,Wellfleet Clo 2017-2, Ltd.,Wellfleet Clo 2017-3, Ltd.,Wellfleet Clo 2018-1, Ltd.,Wellfleet Clo 2018-2, Ltd.,Wellfleet Clo 2018-3, Ltd.,Wellfleet Clo 2019-1, Ltd.,Wellfleet Clo 2020-1, Ltd.,Wellfleet Clo 2020-2, Ltd.,Wellfleet Clo 2021-1, Ltd.,Wellfleet Clo X, Ltd.,and610 Funding Clo 1, Ltd.;,610 Funding Clo 2, Ltd.;,Aia Vcc,Alinea Clo, Ltd.,Alm 2020, Ltd.;,American Beacon Sound Point Floating Rate Income Fund;,Anchorage Capital Clo 1-R, Ltd.,Anchorage Capital Clo 2013-1, Ltd.,Anchorage Capital Clo 25, Ltd.,Anchorage Capital Clo 3-R, Ltd.,Anchorage Capital Clo 4-R, Ltd.,Anchorage Capital Clo 5-R, Ltd.,Anchorage Capital Clo 6, Ltd.,Anchorage Capital Group, Llc,Anchorage Credit Funding 10, Ltd.;,Anchorage Credit Funding 11, Ltd.;,Anchorage Credit Funding 12, Ltd.;,Anchorage Credit Funding 1, Ltd.,Anchorage Credit Funding 2, Ltd.,Anchorage Credit Funding 3, Ltd.,Anchorage Credit Funding 4, Ltd.,Anchorage Credit Funding 5, Ltd.,Anchorage Credit Funding 6, Ltd.,Anchorage Credit Funding 7, Ltd.,Anchorage Credit Funding 8, Ltd.;,Anchorage Credit Funding 9, Ltd.;,Annisa Clo, Ltd.;,Aon Collective Investment Trust,Apollo Credit Funding Iv Ltd.;,Apollo Credit Funding Vi, Ltd.;,Apollo Debt Solutions Bdc;,Apollo Global Management Ltd.,Apollo Tactical Income Fund Inc.;,Apollo Tr Us Broadly Syndicated Loan Llc;,Baloise Senior Secured Loan Fund Iii,Bandera Strategic Credit Partners Ii, Lp,Bardot Clo, Ltd.;,Beluga Imc Inc.,Betony Clo 2, Ltd.;,Blackrock Dlf Ix 2019-G Clo, Llc;,Blackrock Rainier Clo Vi, Ltd.;,Cadbury Mondelez Pension Trust Ltd.;,Carbone Clo, Ltd.;,Cardinal Funding Llc;,Credit Opportunities Fund,Credit Suisse Ag, Cayman Islands Branch,Csaa Insurance Exchange,Delaware Ivy Strategic Income Fund,Delaware Ivy Vip High Income,Diversified Credit Portfolio Ltd.,Dryden 102 Clo, Ltd.;,Dryden 104 Clo, Ltd.;,Dryden 105 Clo, Ltd.;,Dryden 106 Clo, Ltd.;,Dryden 109 Clo, Ltd.;,Dryden 54 Senior Loan Fund,Dryden 55 Senior Loan Fund;,Dryden 57 Clo, Ltd.;,Dryden 58 Clo, Ltd.;,Dryden 60 Clo, Ltd.;,Dryden 61 Clo, Ltd.;,Dryden 64 Clo, Ltd.;,Dryden 65 Clo, Ltd.,Dryden 68 Clo, Ltd.,Dryden 70 Clo, Ltd.,Dryden 72 Clo, Ltd.,Dryden 75 Clo, Ltd.,Dryden 76 Clo, Ltd.,Dryden 77 Clo, Ltd.,Dryden 78 Clo, Ltd.,Dryden 80 Clo, Ltd.,Dryden 83 Clo, Ltd.,Dryden 85 Clo, Ltd.,Dryden 86 Clo, Ltd.,Dryden 87 Clo, Ltd.;,Dryden 90 Clo, Ltd.;,Dryden 92 Clo, Ltd.;,Dryden 93 Clo, Ltd.;,Dryden 94 Clo, Ltd.;,Dryden 95 Clo, Ltd.;,Dryden 97 Clo, Ltd.;,Dryden 98 Clo, Ltd.;,Goldman Sachs Trust Ii - Goldman Sachs Multi-Manager Non-Core Fixed Income Fund,Harbourview Clo Vii-R Ltd.,Hsbc Diversified Loan Fund - Syndicated Loan A S.A.R.L.,Invesco Clo 2021-3, Ltd.,Invesco Clo 2021-I, Ltd.,Invesco Clo 2022-1 Ltd.,Invesco Clo 2022-2, Ltd.,Invesco Sakura Us Senior Secured Fund;,Invesco Senior Floating Rate;,Invesco Senior Income Trust,Invesco Ssl Fund, Llc,Invesco Teton Fund, Llc,Invesco Zodiac Funds - Invesco Us Senior Loan Fund,John Doe Affiliate Of Credit Suisse Ag, Cayman Islands Branch,John Doe Funds 1-100 Issued, Sponsored, Or Managed By Sound Point Capital Management, Lp,John Doe Funds Issued, Sponsored, Or Managed By Apollo Global Management Ltd.,John Does 1-100,Kapitalforeningen Investin Pro, Us Leveraged Loans I,Kapitalforeningen Laegernes Invest, Kli Obligationer Europa Senior Loans,Kolumban Alternative Investments - Loans,Leveraged Loan,Lucali Clo, Ltd.,Mallard Funding Llc,Memorial Health System;,Menard, Inc.,Mercer Multi-Asset Credit Fund,Milos Clo, Ltd.,Milton Hershey School Trust,Minnesota State Board Of Investment,Mitel Networks,Mln Topco Ltd.,Mln Us Holdco Llc,Mln Us Topco Inc.,Newark Bsl Clo 1, Ltd.,Newark Bsl Clo 2, Ltd.,Nuveen Asset Management, Llc,Nuveen Floating Rate Income Fund, A Series Of Nuveen Investment Trust Iii,Nuveen Opportunistic Strategies Llc,Nuveen Short Duration Credit Opportunities Fund,Octagon 51, Ltd.,Octagon 52, Ltd.,Octagon 53, Ltd.,Octagon 54, Ltd.,Octagon 56, Ltd.,Octagon 57, Ltd.,Octagon 58, Ltd.,Octagon 59, Ltd.,Octagon Credit All Weather Income Fund, Ltd.;,Octagon Credit Investors, Llc,Octagon Credit Opportunities Master Fund Lp,Octagon Investment Partners 18-R, Ltd.,Octagon Investment Partners 20-R, Ltd.,Octagon Investment Partners 26, Ltd.,Octagon Investment Partners 27, Ltd.,Octagon Investment Partners 28, Ltd.,Octagon Investment Partners 29 Ltd,Octagon Investment Partners 30, Ltd.,Octagon Investment Partners 31, Ltd.,Octagon Investment Partners 32, Ltd.,Octagon Investment Partners 33, Ltd.,Octagon Investment Partners 34, Ltd.,Octagon Investment Partners 35, Ltd.,Octagon Investment Partners 36, Ltd.,Octagon Investment Partners 37, Ltd.,Octagon Investment Partners 38, Ltd.,Octagon Investment Partners 39, Ltd.,Octagon Investment Partners 40, Ltd.,Octagon Investment Partners 41, Ltd.,Octagon Investment Partners 42, Ltd.;,Octagon Investment Partners 43, Ltd.,Octagon Investment Partners 44, Ltd.,Octagon Investment Partners 45, Ltd.,Octagon Investment Partners 46, Ltd.,Octagon Investment Partners 48, Ltd.,Octagon Investment Partners 50, Ltd.,Octagon Investment Partners Xvii, Ltd.,Octagon Investment Partners Xvi, Ltd.,Octagon Investment Partners Xv, Ltd.,Octagon Investment Partners Xxii, Ltd.,Octagon Investment Partners Xxi, Ltd.,Octagon Loan Funding, Ltd.,Octagon Senior Secured Credit Master Fund Ltd.,Pensiondanmark Pensionsforsikringsaktieselskab,Pgim Etf Trust - Pgim Floating Rate Income Etf,Pgim Global High Yield Fund, Inc.,Pgim High Yield Bond Fund, Inc.,Pgim, Inc.,Pgim Short Duration High Yield Opportunities Fund,Pramerica Loan Opportunities Ltd.,Principal Diversified Real Asset Cit,Principal Funds Inc. - Diversified Real Asset Fund,Principal Funds, Inc. - Global Diversified Income Fund,Prudential Investment Portfolios, Inc. 15 - Pgim Short Duration High Yield Income Fund;,Prudential Strategic Credit Fund Of The Prudential Trust Company Collective Trust,Recette Clo, Ltd.,Reliance Standard Life Insurance Company;,Renaissance Investment Holdings Ltd.;,Riserva Clo Ltd.,Rr 17 Ltd.;,Rural India Supporting Trust,Safety National Casualty Corporation;,Schlumberger Uk Common Investment Fund Trf Sma,Scolux Sicav-Sif -Scor Global Loans,Searchlight Capital Partners, Lp,Sentry Insurance Company,Snowy Range Fund, Llc,Sound Point Capital Management, Lp,Sound Point Clo Iii-R, Ltd.,Sound Point Clo Ii, Ltd.;,Sound Point Clo Iv-R, Ltd.;,Sound Point Clo Ix, Ltd.,Sound Point Clo Viii-R, Ltd.,Sound Point Clo Vii-R, Ltd.;,Sound Point Clo Vir, Ltd.;,Sound Point Clo V-R, Ltd.;,Sound Point Clo Xii, Ltd.;,Sound Point Clo Xiv, Ltd.;,Sound Point Clo Xix, Ltd.,Sound Point Clo Xviii, Ltd.;,Sound Point Clo Xvii, Ltd.;,Sound Point Clo Xvi, Ltd.;,Sound Point Clo Xv, Ltd.;,Sound Point Clo Xxiii, Ltd.;,Sound Point Clo Xxii, Ltd.;,Sound Point Clo Xxi, Ltd.;,Sound Point Clo Xxiv, Ltd.;,Sound Point Clo Xxix, Ltd.;,Sound Point Clo Xx, Ltd.;,Sound Point Clo Xxviii, Ltd.;,Sound Point Clo Xxvii, Ltd.;,Sound Point Clo Xxvi, Ltd.,Sound Point Clo Xxv, Ltd.;,Sound Point Clo Xxxiii, Ltd.,Sound Point Clo Xxxii, Ltd.;,Sound Point Clo Xxxi, Ltd.;,Sound Point Clo Xxx, Ltd.;,Sound Point Credit Opportunities Master Fund, Lp;,Sound Point Senior Floating Rate Master Fund, Lp;,Sound Point Tactical Loan Opportunity Master Fund I Designated Activity Company,Star Insurance Company,Stichting Pensioenfonds Pgb;,Symphony Clo Xix, Ltd.,Symphony Clo Xviii, Ltd.,Symphony Clo Xvii, Ltd.,Symphony Clo Xvi, Ltd.,Symphony Clo Xxi, Ltd.,Symphony Clo Xx, Ltd.,Symphony Clo Xxv, Ltd.,Symphony Floating Rate Senior Loan Fund,Tcp Direct Lending Fund Viii-A, Llc;,Tcp Direct Lending Fund Viii-S, Llc,Tcp Direct Lending Fund Viii-T, Llc;,Tcp Direct Lending Fund Viii-U,Tcp Dlf Viii-L Funding, Lp;,Tennenbaum Enhanced Yield Operating I, Llc;,Tennenbaum Senior Loan Fund Ii, Lp;,Tennenbaum Senior Loan Fund V, Llc,Tiaa-Cref Core Bond Fund,Tiaacref Core Plus Bond Fund,Tiaa Global Public Investments, Llc - Series Loan Esg,Tmd-Dl Holdings, Llc,Upland Clo, Ltd.,Verde Clo, Ltd.,Xai Octagon Floating Rate & Alternative Income Term Trust,for Commercial - Contract - Commercial Divisionin the District Court of New York County.

Related Contentin New York County

Case

Aug 20, 2024 |Commercial - Contract |Commercial - Contract |654248/2024

Case

Scavolini Usa Inc. v. Federico Manaigo, 49 Westfield Llc

Aug 21, 2024 |Commercial - Contract |Commercial - Contract |654295/2024

Case

JENNINGS, THOMAS H. v. ARRENDONDO, FABIOLA

Aug 13, 2013 |Borrok, Hon. Andrew S. |Comm-Business Entity-Commercial Division |Comm-Business Entity-Commercial Division |652725/2013

Case

American Express Travel Related Services Company, Inc. v. Landmark Recovery Of Louisville, Llc

Apr 05, 2024 |Louis L. Nock |Commercial - Contract |Commercial - Contract |651773/2024

Case

Commissioners Of State Insurance Fund v. Louth Callan Renewables Llc

Aug 21, 2024 |Other Matters - Contract Non-Commercial |Other Matters - Contract Non-Commercial |452316/2024

Case

In The Matter Of The Arbitration Between 1199seiu United Healthcare Workers East v. Stony Brook Southampton Hospital Peo

Aug 21, 2024 |Commercial - 1199 SEIU |Commercial - 1199 SEIU |654301/2024

Case

Bruce R Bent Ii v. Anthony Cirone, Michael Dansky, Lee Kempler, Lindsay Weber Siano, The 99 Jane Street Condominium By And Through Its Condominium Board And Residential Board

Sep 29, 2023 |Lori S. Sattler |Commercial - Business Entity |Commercial - Business Entity |654827/2023

Case

24 East 94th Street Llc v. Ticonderoga Nyc Llc, Amtrust Title Insurance Company

Aug 13, 2024 |Commercial - Contract |Commercial - Contract |654112/2024

Ruling

DOWNARD VS. GOLDMAN

Aug 25, 2024 |CVCV20-0195408

DOWNARD VS. GOLDMANCase Number: CVCV20-0195408This matter is on calendar for review regarding status of sale. The Court notes that Defendant filed a Motion forEntry of Final Judgment on Accounting and for Distribution of Proceeds of Sale that was denied without prejudiceon August 5, 2024 due to a lack of notice. The Court is therefore aware that the property has sold. Defendanthas not refiled the motion with proper notice, but it appears from the Petitioner’s Status Report filed August 22,2024 that a stipulation for entry of judgment is being considered by the parties. The matter is continued toMonday, October 28, 2024 at 9:00 a.m. in Department 63 for status of the case. No appearance is necessaryon today’s calendar.

Ruling

WEBCOR/OBAYASHI JOINT VENTURE, VS. SKANSKA USA BUILDING INC., ET AL

Aug 23, 2024 |CGC23611243

Matter on the Discovery Calendar for Friday, August 23, 2024, Line 4, 1- DEFENDANT SKANSKA USA BUILDING INC.'s Motion To Compel Responses To Interrogatories; Request For Monetary Sanctions Of $1,577.00. Continued to September 19, 2024, on the court's motion. =(525)

Ruling

HWY LOGISTICS, INC., A CALIFORNIA CORPORATION, ET AL. VS SAMUEL CHIH, ET AL.

Aug 20, 2024 |22STCV32211

Case Number: 22STCV32211 Hearing Date: August 20, 2024 Dept: 55 NATURE OF PROCEEDINGS: Defendants Samuel Chih and Charlene Yuki Lis Demurrer to Third Amended Complaint BACKGROUND Plaintiffs HWY LOGISTIC, INC. and EVERRANK EXPRESS INC. (Plaintiffs) bring this action against Defendants SAMUEL CHIH (Chih) and CHARLENE Y. LI (Li) (Chih and Li collectively referred to as Defendants) based on Chihs alleged embezzlement of funds from Plaintiffs when he served as CEO of Hwy Logistic, Inc. The Third Amended Complaint (TAC) also alleges that Li, Chihs wife, engaged in fraud by receiving Chihs salary in her name and that she and Chih engaged in a fraudulent scheme to steal and dissipate Plaintiffs assets and embezzle Plaintiffs funds. Defendants filed a demurrer to the third and fourteenth causes of action in the TAC, and to all causes of action for Li. Plaintiffs oppose the demurrer. Relevant here, the TAC alleges against Chih the Third Cause of Action for Violation of California Penal Code §§ 484, 487, 496, 502, and 503 and the Fourteenth Cause of Action for Negligence Per Se. The TAC alleges the following causes of action against both Defendants (i.e., including Li): 4) Conversion Count One; 9) Conversion Count Two; 11) Conversion Count Three; 15) Civil Conspiracy; 18) Declaratory Relief; and 20) Unjust Enrichment. While Defendants Notice of Demurrer lists the Fourteenth Cause of Action, the memorandum of points and authorities does not argue against that Cause of Action. Thus, the Court does not consider the Demurrer to include the Fourteenth Cause of Action. EVIDENTIARY RULINGS Plaintiffs request that the Court take judicial notice of the 07/24/23 and 02/06/24 Minute Orders, referred to as Exhibits A and B, are GRANTED under Evid. Code § 452(d), as both are court documents. LEGAL STANDARD A demurrer is a pleading that may be used to test the legal sufficiency of the factual allegations in the complaint. (Code of Civ. Proc. § 430.10.) ¿¿ In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a demurrer lies only for defects appearing on the face of the complaint[.] (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) The rules by which the sufficiency of a complaint is tested against a general demurrer are well settled. We not only treat the demurrer as admitting all material facts properly pleaded, but also give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. (Guclimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38 (internal quotes omitted).) For purposes of ruling on a demurrer, the complaint must be construed liberally by drawing reasonable inferences from the facts pleaded. (Wilner v. Sunset Life Ins. Co. (2000) 78 Cal.App.4th 952, 958.) When ruling on a demurrer, the Court may only consider the complaints allegations or matters which may be judicially noticed. (Blank, supra, 39 Cal.3d at 318.) The Court may not consider any other extrinsic evidence or judge the credibility of the allegations plead or the difficulty a plaintiff may have in proving his allegations. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) A demurrer is properly sustained only when the complaint, liberally construed, fails to state facts sufficient to constitute any cause of action. (Kramer v. Intuit Inc. (2004) 121 Cal.App.4th 574, 578.) Where a demurrer is sustained, leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) The burden is on the plaintiff to show the court that a pleading can be amended successfully. (Id.; Lewis v. YouTube, LLC (2015) 244 Cal.App.4th 118, 128.) However, [i]f there is any reasonable possibility that the plaintiff can state a good cause of action, it is error to sustain a demurrer without leave to amend. (Youngman v. Nevada Irrigation Dist. (1969) 70 Cal.2d 240, 245). ANALYSIS As a general matter, [d]emurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. (Lickiss v. Fin. Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) A demurrer for uncertainty does not address whether the pleading fails to incorporate sufficient facts in the pleading but is directed at the uncertainty existing in the allegations actually made. (Butler v. Sequeira (1950) 100 Cal.App.2d 143, 145-146.) Rather, a demurrer is intended to address whether a pleading is so incomprehensible that a defendant cannot understand the allegations actually made. (Id. at p. 146.) Defendants argue that the Third Cause of Action is uncertain, ambiguous, and unintelligible. The cause of action details the allegations regarding how Defendants stole Plaintiffs corporate assets and embezzled their funds for the Defendants own gain. (See TAC ¶¶ 157-159.) There is nothing uncertain or vague about the scope of the allegations lodged against Chih in this claim, and the demurrer for uncertainty therefore is unsubstantiated and overruled. 1. Third Cause of Action Violation of California Penal Code §§ 484, 487, 496, 502, and 503 Defendants demurrer to the Third Cause of Action argues that Plaintiffs' Criminal Code Causes of Action are unfounded (See Mot, pp. 2-3). They further argue that Penal Code Sections 484, 487, and 503 do not give rise to civil remedies (Id. pp. 3-4). However, as the Court previously held, Penal Code §§ 496 and 502 expressly provides for both criminal and civil liability. Penal Code § 496 proscribes receiving or concealing stolen property and Penal Code § 502(c)(1)-(14) proscribes fourteen different types of conduct related to knowingly and without permission accessing computers and/or computer systems. Both statutes provide that a person who violates the statute is subject to a civil action by an injured party. Penal Code §§ 496(c); 502(e); Siry Inv., L.P. v. Farkhondehpour (2022) 13 Cal. 5th 333, 361 (party may recover damages under Section 496(c) when property has been obtained in any manner constituting theft). Penal Code § 484 is the criminal charge for theft and it does not expressly provide for civil liability. But, arguably, Penal Code §§ 484 and 496 are read together to support a private right of action for violation of Section 484. Penal Code section 484, subdivision (a) describes the acts constituting theft to include theft by false pretense, which is the consensual but fraudulent acquisition of property from its owner. Bell v. Feibush (2013) 212 Cal. App. 4th 1041, 1049 (upholding civil liability under Penal Code Section 496). Penal Code § 503 is the criminal charge for embezzlement, and Penal Code § 487 is for grand theft. In Bell v. Feibush the Court of Appeal held that Penal Code section 496(c) permits any person injured under section 496(a) to bring a private right of action. (Bell, supra, 212 Cal. App. 4th 1047.) Plaintiffs have sufficiently alleged stolen property because the TAC alleges that Defendants stole Plaintiffs corporate assets and embezzled their funds for the Defendant Chihs own gain. (TAC ¶¶ 157-159.) Specifically, Chih and his wife Li misappropriated over $91,195.57 from Plaintiffs between April 2022 and September 2022 by accessing Plaintiffs bank accounts and computer systems without authorization. (Id. ¶ 160.) Chih continued these actions even after his employment ended. (Id.¶¶ 163-165.) Plaintiffs further allege that Chih also misrepresented the purchase of two cargo container chassis, leading to additional financial penalties for Plaintiffs. (Id. ¶¶ 167-171.) Based on this, the TAC sufficiently alleges theft, embezzlement, and unauthorized data access under California Penal Code §§ 484, 496, and 502. Defendants argue next that the TAC does not identify which sections of 502 were violated by Defendants alleged conduct. Yet the TAC alleges that Defendant Chih violated Penal Code §502 (c) (1)(A)(B), §502 (c) (2), §502 (c) (3), and §502 (c) (7). (Id. ¶ 178-183.) Plaintiffs seek damages for Defendants' conduct, including treble, attorney fees, and potentially punitive damages. (Id. ¶¶ 187-190.) Thus, at the pleading stage, Plaintiffs have sufficiently alleged a private right of action under Penal Code section 496(c), and the demurrer is overruled. 2. Co-Defendant Liability Defendants argue that the whole complaint against Li should be dismissed because the TAC only alleges that Li engaged in fraud by receiving Chihs salary as his wife. (Mot. p. 7:21-27.) The TAC does plead liability because Plaintiffs allege that Li aided and abetted Chihs theft and embezzlement by accepting the payroll checks. (TAC ¶¶ 70-75.) Plaintiffs further allege that Defendants conduct was intended to defraud both Plaintiffs and the IRS. (Id. ¶ 73.) These allegations are sufficient to attach liability against Li. The Court therefore overrules the demurrer. CONCLUSION Defendants Samuel Chih and Charlene Yuki Lis Demurrer to Third Amended Complaint is OVERRULED. Defendants are ordered to file an answer within ten 10 days.

Ruling

Aug 19, 2024 |23STCV17871

Case Number: 23STCV17871 Hearing Date: August 19, 2024 Dept: 54 Superior Court of California County of Los Angeles Heno fa*gerian, Plaintiff, Case No.: 23STCV17871 vs. [Tentative] Ruling Pacific Auto Body & Paint Inc., Markar Halmet Khanyan, and DOES 1 through 100 Defendants. Hearing Date: August 19, 2024 Department 54, Judge Maurice Leiter Motion to Compel Further Responses to Form Interrogatories; Motion to Compel Further Responses to Special Interrogatories; Motion to Compel Further Responses to Production of Documents Moving Party: Defendant Markar Hamlet Khanyan Responding Party: Heno fa*gerian T/R: THE MOTIONS ARE GRANTED. DEFENDANTS REQUEST FOR SANCTIONS IS GRANTED IN THE REDUCED AMOUNT OF $530. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. BACKGROUND Plaintiff Heno fa*gerian filed this lemon law action against Defendants Pacific Auto Body & Paint Inc., and Markar Hamlet Khanyan. ANALYSIS Motion to Compel Further Responses to Form Interrogatories Defendant moves the Court to issue an order compelling Plaintiff to produce further responses to Defendants Form Interrogatories, Set One, Nos., 2.3, 2.4, 2.6, 2.7. 7.1, 7.2, 8.4, 8.7, 9.2, 12.2-12.6, 14.1, 14.2, 17.1, 50.1, and 50.2 within ten days of the hearing. Plaintiff has the burden to justify each of its objections. (Coy v. Superior Court (1962) 58 Cal.2d 210, 220 - 221.) Plaintiff has not filed an opposition to Defendants motion. Defendant moves to compel further responses on the grounds that Plaintiffs interrogatory responses are untimely and served without verifications, and therefore waived, necessitating. (Appleton v. Superior Court (1988) Cal. App. 3d 632, 636.) Additional responses are required. The facts sought, those presently relied upon by plaintiffs to prove their case, are discoverable no matter how they came into the attorneys possession. (Southern Pacific Co. v. Superior Court (1969) 3 Cal.App.3d 195, 199 [83 Cal.Rptr. 231.) Further, [v]erification of the answers is in effect a declaration that the party has disclosed all information which is available to him. . . . [A]n answer which supplies only a portion of the information sought is wholly insufficient. Likewise, a party may not provide deftly worded conclusionary answers designed to evade a series of explicit questions. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 782-783 [149 Cal.Rptr. 499].) Plaintiff has clearly not disclosed all information which is available to him. Finally, it is not appropriate to incorporate another pleading by reference: [I]t is not proper to answer by stating, . . . See my pleading. (Deyo, 84 Cal.App.3d at p. 784.) The party raising objections has the burden of demonstrating that the objections apply. See Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255, citing Coy v. Superior Court (1962) 58 Cal.2d 210, 220-21 (if a timely motion to compel has been filed, the burden is on responding party to justify any objection). In failing to file a timely opposition, Plaintiff as the party raising the objections has failed to justify the objection. Plaintiff must provide code compliant responses. The Court GRANTS Plaintiffs motion compelling Defendant to produce the request form interrogatory responses. Motion to Compel Further Responses to Special Interrogatories Defendant moves the Court issue an order compelling Plaintiff to produce responses to Defendants Special Interrogatories, Set One, Nos. 3, 4, 7, 11,12, 15, 16, 19, 20, 22-24, and 26-34, seeking the identification of key witnesses. Additional responses are required. Plaintiff must provide code compliant responses. Defendants Motion to Compel Defendants Further Responses to Special Interrogatories, Set One, is GRANTED. Motion to Compel Further Production of Documents Any party may obtain discovery by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action. (CCP § 2031.010.) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponents control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. (CCP § 2025.480(a).) Responses to Defendants requests are required. Plaintiff has not filed an opposition. Defendants motions to compel Plaintiffs responses to form interrogatories, and requests for production is GRANTED. Mandatory Sanctions Interrogatories & Requests for Production Sanctions are mandatory against the party, the attorney, or both whose failure to serve a timely response to the request necessitated the motion to deem request for admissions as admitted. CCP § 2033.280(c); see also Cal. Rules of Court R. 3.1348(a) (the court can award sanctions under the Discovery Act in favor of a party seeking to compel discovery even though no opposition was filed, the opposition was withdrawn, or the requested discovery was provided to the moving party after the motion was filed). Defendant requests sanctions of $2,560.00, based on the hourly billing rate of $175.00 applied to: 6 hours spent preparing the three motions and separate statements, 1.0 hours of hearing attendance, and the $60.00 filing fee, plus an estimated 4 hours on preparing the motions reply to an anticipated opposition and hearing appearance time. In view of the totality of the circ*mstances including Defendants lack of opposition and the similarity of the motions to each other, the Court finds the reasonable amount of attorneys fees and costs incurred for he work performed in connection with the pending motions against Defendants is $530.00, reflecting 2 hours incurred at $175 per hour (0.75 hour for drafting one motion and 1 hour for drafting the remaining two motions at 0.5 hour each, and 0.25 hour for attending the hearing on the three pending motions) plus $180 in filing fees. Defendants request for sanctions against Defendant is GRANTED in the reduced total amount of $530.00. Sanctions are payable within 30 days of service of this order. Superior Court of California County of Los Angeles Heno fa*gerian, Plaintiff, Case No.: 23STCV17871 vs. [Tentative] Ruling Pacific Auto Body & Paint Inc., Markar Halmet Khanyan, and DOES 1 through 100 Defendants. Hearing Date: August 19, 2024 Department 54, Judge Maurice Leiter Motion to Deem Requests for Admission (Set One) Moving Party: Defendant Markar Hamlet Khanyan Responding Party: Heno fa*gerian T/R: THE MOTION IS GRANTED. DEFENDANTS REQUEST FOR SANCTIONS IS GRANTED IN THE REDUCED AMOUNT OF $225. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. BACKGROUND Plaintiff Heno fa*gerian filed this lemon law action against Defendants Pacific Auto Body & Paint Inc., and Markar Hamlet Khanyan. ANALYSIS On June 3, 2024, Defendant filed a motion to deem requests for admissions, admitted. The Code of Civil Procedure requires a response from the party to whom the request for admissions is directed within 30 days after service of the request for admissions. (Code Civ. Proc., § 2033.250(a).) If the party fails to serve a timely response, the party to whom the requests for admission are directed waives any objection to the requests. (Code Civ. Proc., § 2033.280(a).) The requesting party may then move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for monetary sanction under Chapter 7. (Code Civ. Proc., § 2033.280(b).) Plaintiff failed to respond to Defendants Request for Admissions, Set One, in a timely manner per CCP § 2033.250(a), as Plaintiff has not provided any response since Plaintiff was served with Defendants Request for Admissions, Set One, on February 8, 2024. Defendants request to deem as admitted RFAs Set One is GRANTED. Defendant requests sanctions of $1,743.00. This amount is based on the hourly billing rate of $165.00 applied to: 6.7 hours spent preparing the Motion to Deem Requests for Admissions, Admitted, 1.0 hours of hearing attendance, and the $60.00 filing fee, plus an estimated 2.5 hours on preparing the motions reply to an anticipated opposition and appearance time. The Court finds the reasonable amount of attorneys fees and costs incurred for he work performed in connection with the pending motion against Plaintiff is $225.00, reflecting 1.0 hour incurred at $165.00 per hour plus $60 in filing fees. Defendants request for sanctions against Plaintiff is GRANTED in the reduced total amount of $225.00. Sanctions are payable within 30 days of service of this order. Superior Court of California County of Los Angeles Heno fa*gerian, Plaintiff, Case No.: 23STCV17871 vs. [Tentative] Ruling Pacific Auto Body & Paint Inc., Markar Halmet Khanyan, and DOES 1 through 100 Defendants. Hearing Date: August 19, 2024 Department 54, Judge Maurice Leiter Motion to Strike Moving Party: Defendant Markar Hamlet Khanyan Responding Party: Heno fa*gerian T/R: DEFENDANTS MOTION TO STRIKE IS GRANTED IN PART. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers. No opposition has been received. BACKGROUND Plaintiff Heno fa*gerian filed this lemon law action against Defendants Pacific Auto Body & Paint Inc., and Markar Hamlet Khanyan. Defendant moves to strike the FACs request for punitive damages, on the ground that the FAC fails to plead facts sufficient to support a claim for punitive damages. (Code Civ. Proc., § 436(a).) The recovery of punitive damages is governed by Civil Code Section 3294, which specifically sets forth the type of conduct which justifies their award. Civil Code Section 3294 provides: "In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the Plaintiffs, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant." (Civil Code Section 3294(a).) Punitive damages cannot be requested for latter COAs related to breaches of an obligation arising from a contract. (See Code Civ. Proc., section 3294; see also Civil Code Section 1794(c).) The FACs request for punitive damages is improper. (Code Civ. Proc., § 436(a).) Defendant also moves to strike other allegations made in the Complaint, unrelated to punitive damages, on the grounds that the allegations are irrelevant matter. (Code Civ. Proc., § 436(a).) The Court finds those allegations are not irrelevant for purposes of the remaining causes of action for violations of the Song-Beverly Act. (Code Civ. Proc., § 436(a).) Defendant moves to strike Plaintiffs prayer for attorneys fees. "[A]s a general rule, attorney fees are not recoverable as costs unless they are authorized by statute or agreement." (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) Courts may strike prayers for attorney fees where a party demonstrated no potential basis for their recovery. (Agricultural Ins. Co. v. Sup. Ct. (1999) 70 Cal.App.4th 385, 404.) However, unsupported attorneys fees allegations need not be stricken pursuant to a motion to strike, since later discovery may reveal a basis for their recovery. (Camenisch v. Sup. Ct. (1996) 44 Cal.App.4th 1689, 1699.) The Court declines to strike the request for attorneys fees at this time. Discovery may reveal a basis for the recovery of attorney fees. The motion to strike is GRANTED with respect to the request for punitive damages, and otherwise DENIED.

Ruling

SWAMP CAPITAL LLC, VS H.O.T.N. HOLDINGS, LLC, ET AL.

Aug 22, 2024 |23STCV12145

Case Number: 23STCV12145 Hearing Date: August 22, 2024 Dept: 71 The Court inquires as to whether the parties are would like to rebrief this matter to address the recent Supreme Court decision in Quach v. California Commerce Club, Inc. (July 25, 2024, No. S275121) ___Cal.5th___ [2024 Cal. LEXIS 3980].

Ruling

ALPINE BLUE VS. HURLEY, ET AL

Aug 22, 2024 |CVCV21-0198057

ALPINE BLUE VS. HURLEY, ET ALCase Number: CVCV21-0198057This matter is on calendar for review regarding status of service and trial setting. This Court has previouslyrecused in this matter. The matter is continued to Monday, September 30, 2024 at 9:00 a.m. in Department 63for review regarding status of service and trial setting. No appearance is necessary on today’s calendar.

Ruling

- USA WASTE OF CALIFORNIA INC vs ALSUMERI, FAHMI

Aug 22, 2024 |CV-23-004103

CV-23-004103 - USA WASTE OF CALIFORNIA INC vs ALSUMERI, FAHMI - Plaintiff's Motion for Terminating Sanctions Against Defendant Fahmi Alsumeri aka Fahmi Abdo Alsumeri an Individual dba Alsumeri Center, Striking his Answer, and Entering Default Against Defendant for Failing to Comply with May 16,2024 Discovery Order – HEARING REQUIRED.Based on the moving papers and the lack of opposition thereto, the Court is inclined to GRANT the motion. Defendant’s conduct in failing to comply with the Court’s 5-16-24 order constitutes misuse of the discovery process (Code Civ. Proc. § 2023.010(d), (g).) Moreover, it appears that the prior sanctions imposed by the Court have not been effective in compelling Defendant to comply with his obligations under the Discovery Act. Under the circ*mstances, therefore, it appears that terminating sanctions are warranted. (Code Civ. Proc. § 2023.030(d).)However, the Court will hear from the parties as to their respective positions on these issues at the time of the hearing.

Ruling

Paladin Holdings vs Culture Cannabis

Aug 26, 2024 |24CV-00233

24CV-00233 Paladin Holdings v. Culture CannabisCase Management ConferenceAppearance required. Remote appearances are permitted. Parties who wish to appearremotely must contact the clerk of the court at (209) 725-4111 to arrange for a remoteappearance. Complaint filed January 12, 2024, and proof of service filed March 13, 2024,yet no response or default taken as of this date. Counsel for Plaintiff indicated at the July29, 2024, Case Management Conference that a settlement was being circulated forsignature to resolve the case. Appear to discuss status of the case.

Document

Ft Global Capital, Inc. v. It Tech Packaging, Inc.

Feb 17, 2022 |Nancy M. Bannon |Commercial - Contract - Commercial Division |Commercial - Contract - Commercial Division |650771/2022

Document

James Benedetto v. Diana Mercer, Jennifer Mercer, Equinimity Llc

Jan 27, 2012 |Nancy M. Bannon |Contract (Non-Commercial) |Contract (Non-Commercial) |150122/2012

Document

Valley National Bank v. Muspass Cab Corp., Juliette Passer

Dec 13, 2017 |Andrew Borrok |Commercial Division |Commercial Division |657353/2017

Document

James Benedetto v. Diana Mercer, Jennifer Mercer, Equinimity Llc

Jan 27, 2012 |Nancy M. Bannon |Contract (Non-Commercial) |Contract (Non-Commercial) |150122/2012

Document

Herald Center Department Store Of New York Llc v. Alex Shchegol

Jul 01, 2021 |Lyle E. Frank |Commercial - Contract |Commercial - Contract |654155/2021

Document

Aug 19, 2021 |Margaret Pui Yee Chan |Commercial - Other - Commercial Division |Commercial - Other - Commercial Division |655055/2021

Document

Nov 03, 2020 |Nancy M. Bannon |Commercial - Contract |Commercial - Contract |655985/2020

Document

Word Of God Fellowship, Inc. D/B/A Daystar Television Network v. Vimeo, Inc., Vhx Corporation, Livestream, Llc

Jan 01, 2020 |Barry R. Ostrager |Commercial Division |Commercial Division |653735/2020

NOTICE OF MOTION (Motion #006) - Notice of Motion to Dismiss the Crossclaims August 16, 2023 (2024)

References

Top Articles
Christiana Mall, LLC v. Shafkowitz
Floor Manager - The Burger Federation
Srtc Tifton Ga
Custom Screensaver On The Non-touch Kindle 4
Yogabella Babysitter
J & D E-Gitarre 905 HSS Bat Mark Goth Black bei uns günstig einkaufen
Aadya Bazaar
Linkvertise Bypass 2023
Craigslist Furniture Bedroom Set
Sprague Brook Park Camping Reservations
Fototour verlassener Fliegerhorst Schönwald [Lost Place Brandenburg]
Bank Of America Appointments Near Me
Fcs Teamehub
Nj Scratch Off Remaining Prizes
Craigslist Malone New York
800-695-2780
Busby, FM - Demu 1-3 - The Demu Trilogy - PDF Free Download
Pricelinerewardsvisa Com Activate
NBA 2k23 MyTEAM guide: Every Trophy Case Agenda for all 30 teams
Zack Fairhurst Snapchat
Hollywood Bowl Section H
Christina Steele And Nathaniel Hadley Novel
Masterkyngmash
Baja Boats For Sale On Craigslist
What Is The Lineup For Nascar Race Today
Kirk Franklin Mother Debra Jones Age
Craigslist Rentals Coquille Oregon
Bfsfcu Truecar
Pokémon Unbound Starters
Duke University Transcript Request
Allegheny Clinic Primary Care North
How Do Netspend Cards Work?
Little Caesars Saul Kleinfeld
Vistatech Quadcopter Drone With Camera Reviews
Fridley Tsa Precheck
Jay Gould co*ck
Tributes flow for Soundgarden singer Chris Cornell as cause of death revealed
Marine Forecast Sandy Hook To Manasquan Inlet
Orangetheory Northville Michigan
The Mad Merchant Wow
Craigslist Summersville West Virginia
KM to M (Kilometer to Meter) Converter, 1 km is 1000 m
Streameast.xy2
Trivago Myrtle Beach Hotels
Nancy Pazelt Obituary
Citizens Bank Park - Clio
Jeep Forum Cj
Is My Sister Toxic Quiz
Lira Galore Age, Wikipedia, Height, Husband, Boyfriend, Family, Biography, Net Worth
Is Chanel West Coast Pregnant Due Date
Sml Wikia
Loss Payee And Lienholder Addresses And Contact Information Updated Daily Free List Bank Of America
Latest Posts
Article information

Author: Francesca Jacobs Ret

Last Updated:

Views: 6263

Rating: 4.8 / 5 (68 voted)

Reviews: 83% of readers found this page helpful

Author information

Name: Francesca Jacobs Ret

Birthday: 1996-12-09

Address: Apt. 141 1406 Mitch Summit, New Teganshire, UT 82655-0699

Phone: +2296092334654

Job: Technology Architect

Hobby: Snowboarding, Scouting, Foreign language learning, Dowsing, Baton twirling, Sculpting, Cabaret

Introduction: My name is Francesca Jacobs Ret, I am a innocent, super, beautiful, charming, lucky, gentle, clever person who loves writing and wants to share my knowledge and understanding with you.