LINE: 1 16-CIV-02957 246 ATHERTON AVENUE LLC VS. TRAIS FLUORS LLC, ET AL.

246 ATHERTON AVENUE LLC TRAIS FLOURS LLC
H. MICHAEL CLYDE LAWRENCE E. BUTLER

TRAIS FLUORS LLC, SHAHRZAD KAMEL, JAY KAMEL AND THE CORVIGLIA TRUST’S MOTION FOR SUMMARY ADJUDICATION TENTATIVE RULING:

Cross-Defendants TRAIS FLUORS, LLC; SHAHRZAD KAMEL; JAY KAMEL; and THE CORVIGLIA TRUST (collectively the “TF Parties”)’ Motion for Summary Adjudication is DENIED as to all causes of action set forth in Cross-Complainant MOHAMMAD MORTAZAVI’s First Amended Cross-Complaint. There are multiple triable issues of material fact in this case, which preclude a grant of summary adjudication as to any of Mortazavi’s cross-claims. Code Civ. Proc. § 437c(c). Specifically, triable issues of material fact exist as to the TF Parties’ Separate Statement of Undisputed Material Facts (“UMF”), UMF Nos. 7, 8, and 19, which have been incorporated into the request for summary adjudication of each and every cross-claim. UMF Nos. 21-24, which are asserted in support of the request for summary adjudication of the aiding and abetting claims, are disputed. UMF Nos. 28-30 and 34-38, which involve the breach of privacy claims against Jay and the claim that the other TF Parties aided and abetted such breach, are also in dispute. As a result, the motion is denied in its entirety. Cross-Complainant Mortazavi’s evidentiary objections are SUSTAINED as to the following:  Declaration of Jay Kamel at ¶¶ 5-12;  Declaration of Shahrzad Kamel at ¶¶ 5-8 and 12-16;  Declaration of Robin Stephens at ¶¶ 6-14. Mortazavi’s objection to the Stephens Declaration at ¶ 5 is OVERRULED. The TF Parties’ evidentiary objections are SUSTAINED as to Objection No. 4, and OVERRULED as to the remainder.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Cross-Complainant MOHAMMAD MORTAZAVI shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.

LINE: 2 16-CIV-02957 246 ATHERTON AVENUE LLC VS. TRAIS FLUORS LLC, ET AL.

246 ATHERTON AVENUE LLC TRAIS FLOURS LLC
H. MICHAEL CLYDE LAWRENCE E. BUTLER

SOUTH DAKOTA TRUST COMPANY LLC’S MOTION FOR SUMMARY ADJUDICATION TENTATIVE RULING:

Cross-Defendant SOUTH DAKOTA TRUST COMPANY, LLC’s Motion for Summary Adjudication is DENIED as to the Second, Fourth, and Eighth causes of action for aiding and abetting set forth in Cross-Complainant MOHAMMAD MORTAZAVI’s First Amended Cross-Complaint. The existence of multiple triable issues of material fact preclude a grant of summary adjudication as to any of these claims. Code Civ. Proc. § 437c(c). Specifically, triable issues of material fact exist as to UMF Nos. 7, 14-17, and 25-29. Accordingly, the motion is denied in its entirety.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Cross-Complainant MOHAMMAD MORTAZAVI shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.